Greathouse v. State, 46242

• Decision Date: 10 April 1971
• Docket Number: No. 46242,46242
• Citation: 483 P.2d 486,207 Kan. 216
• Parties: Von J. GREATHOUSE, Appellant, v. STATE of Kansas, Appellee.
• Court: Kansas Supreme Court

Page 486

483 P.2d 486

207 Kan. 216

Von J. GREATHOUSE, Appellant, v. STATE of Kansas, Appellee.

No. 46242.

Supreme Court of Kansas.

April 10, 1971.

Syllabus by the Court

Petitioner, with counsel, pleaded guilty to two counts of robbery in the first degree. Later he filed a motion under K.S.A. 60-1507 to vacate the sentence on the ground the pleas of guilty were not voluntarily entered. No evidentiary hearing on the motion was held and the trial court found that an examination of the files, records and transcript of the former proceedings conclusively showed petitioner was entitled to no relief. On appeal the record is examined and it is held, the court did not err in denying an evidentiary hearing and in denying relief.

John Mike Elwell, County Atty., argued the cause, and Kent Frizzell, Atty. Gen and Daniel A. Young, former County Atty., were with him on the brief for appellee.

Bryon E. Springer, Lawrence, argued the cause and was on the brief for appellant.

HARMAN, Commissioner.

This is a proceeding for postconviction relief under K.S.A. 60-1507.

On September 25, 1967, appellant Von J. Greathouse pleaded guilty to two counts of first degree robbery. Statutory sentences to be served consecutively were imposed on October 5, 1967. No appeal was taken from this judgment.

On April 13, 1973, and again on April 17, 1970, appellant filed, pro se, a motion attacking these sentences and convictions. May 28, 1970, present counsel, appointed by the trial court, filed an amended motion in appellant's behalf. Thereafter the court held a pretrial conference at the conclusion of which it denied appellant's motion without evidentiary hearing, finding in effect that an examination of the files, records and transcript of the former proceeding conclusively showed appellant was entitled to no relief. This appeal ensued.

Essentially appellant's grounds for relief in his motion were that his pleas of guilty were not voluntarily entered, and he now contends the court erred in denying relief without granting an evidentiary hearing. Reasons assigned for the involuntary nature of his plea of guilty, and now urged in support of reversal, include misapprehension as to his legal position by reason of lack of an arrest warrant upon one of the charges, an alleged illegal lineup and fear of a capital charge in another state. He also alleged lack of proper food while held in the county jail led to poor health and an unintelligent plea of guilty.

Records in the case before the 1507 court indicated the following: Appellant was afforded a preliminary hearing upon both counts of robbery at which he was represented by three retained attorneys. He was already in police custody under the first count at the time the second count of robbery was charged. After he was bound over for trial to the district court his retained counsel withdrew and he was subsequently represented by able court-appointed counsel. Prior to arraignment appellant was accorded an examination by a sanity commission and found to be able to comprehend his position and make his defense. At the time he pleaded guilty appellant was questioned at length by the court. The following colloquy occurred:

'THE COURT: Why is the defendant here, Mr. Brand?

'MR. BRAND: The defendant wishes to enter a plea, Your Honor.

'THE COURT: I take it he is here for arraignment.

'MR. BRAND: Yes, sir. This is for arraignment.

'THE COURT: Is he here for arraignment in each of the two cases described by the State?

'MR. BRAND: Yes, sir.

'THE COURT: Let's take the cases one at a time. Case Number 5750 appears to have been filed first.

'MR. BRAND: The defendant wishes to enter a plea of guilty to the charge.

'THE COURT: What about reading the Information?

'MR. GREATHOUSE: No, that won't be necessary, I have had ample time to go over it, sir.

'THE COURT: Then the defendant waives reading of the Information?

'MR. GREATHOUSE: Yes, sir, I do.

'THE COURT: Having waived reading of the Information, what is your plea to the charge set out therein?

'MR. GREATHOUSE: Guilty.

'THE COURT: What is the charge?

'MR. GREATHOUSE: It's first degree robbery and-is that all?-yes, first degree robbery, sir.

'THE COURT: Do you know what the penalty is for that crime?

'MR. GREATHOUSE: Yes, sir. Ten years to twenty-one years in the State Penitentiary at Lansing.

'THE COURT: Is your true name Von J. Greathouse?

'MR. GREATHOUSE: Yes, sir, that is correct. The initial is just J, it doesn't stand for a name.

'THE COURT: Have you had ample time to consider the charge in this Information with your attorney Mr. Brand?

'MR. GREATHOUSE: Yes, sir, we discussed it. I have had full ample time to discuss both cases, and I am guilty on both charges and there is no use to, you know, prolong it.

'THE COURT: There is no question about your plea being voluntary?

'MR. GREATHOUSE: No, sir, it is strictly voluntary, and I am entering a voluntary plea of guilty on both counts.

'THE COURT: There have been no promises made to you?

'MR. GREATHOUSE: No, sir.

'THE COURT: No threats?

'MR. GREATHOUSE: No threats, no promises, and I am going to the penitentiary, I am aware of that.

'THE COURT: Do you think that any of your constitutional rights have been violated in connection with your case up to this point?

'MR. GREATHOUSE: No, not in so far as both my cases are concerned and the way I have been treated in the jail and the way I was treated I do not think any of my rights have been hurt or hindered in any way whatsoever.

'THE COURT: Now let's go to 5751

'MR. BRAND: This is for arraignment also, Your Honor. The defendant appears with his attorney John W. Brand, Jr., and the defendant will waive reading of the Information and enter a plea of guilty.

'THE COURT: You have pretty much covered this other case in connection with Case No. 5750, Mr. Greathouse, but it is a separate case and there is one feature about it that I want to be certain you understand in connection with your plea, if it is your plea that you are guilty?

'MR. GREATHOUSE: Yes it is guilty. I mean I am guilty, and I am entering a plea of...