Heck v. State

• Court: Idaho Court of Appeals
• Writing for the Court: WALTERS
• Citation: Heck v. State, 103 Idaho 648, 651 P.2d 582 (Idaho App. 1982)
• Decision Date: 21 September 1982
• Docket Number: No. 14386,14386
• Parties: Ronnie Leroy HECK, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Page 582

651 P.2d 582

103 Idaho 648

Ronnie Leroy HECK, Petitioner-Appellant, v. STATE of Idaho, Respondent.

No. 14386.

Court of Appeals of Idaho.

Sept. 21, 1982.

Michael E. Powers, Twin Falls, for petitioner-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Warren E. Felton, Deputy Atty. Gen., Boise, for respondent.

WALTERS, Chief Judge.

Ronnie Leroy Heck appeals from an order denying his application for post-conviction relief. He asserts, first, that the court below erred in not allowing him to withdraw his plea of guilty to first degree burglary, which plea was allegedly entered under duress. Next, he submits that his plea should be set aside because there was no showing of a factual basis for his plea, when the plea was entered. Lastly, he argues that the court erred in not reducing his sentence in the post-conviction proceedings. We affirm the order denying post-conviction relief and refusing to reduce the sentence. An evidentiary hearing was held concerning Heck's application. The record discloses that on September 15, 1978, responding to a reported burglary in progress, members of the Twin Falls police department found Heck inside a music store building after the business had closed for the day. Heck was arrested for burglary and taken to the Twin Falls County jail. On October 27, 1978, he pled guilty to the burglary and two other pending charges. He was sentenced to an indeterminate term not to exceed fifteen years on the burglary charge. During the time between his arrest and his plea, Heck was removed from the county jail and incarcerated in the Twin Falls city jail as a result of a fire in his county cell on October 19, 1978.

In support of his application, Heck testified that he was mistreated by the police while he was in jail and that he pled guilty in order to be removed from the jail. He represented that he had been beaten by the police, was denied medical treatment, and had been prescribed an ineffective medication for his migraine-type headaches. He testified that, in protest of his medical treatment, he participated with other inmates in a violent demonstration during which property in his cell in the county jail was damaged and burned. He testified that he was then placed in the city jail where he was "treated like an animal." He said he decided to plead guilty against the advice of his counsel in order to be transferred to prison. In addition to the burglary charge, he also pled guilty to a felony charge of injuring property, resulting from the fire in the county jail; and he pled guilty to an unrelated charge of assault with a deadly weapon which also was pending before the district court.

The police officers who had investigated the burglary also testified at the post-conviction hearing. They said that when they found Heck inside the music building, Heck kicked one of them in the groin. Heck was then wrestled to the floor, handcuffed, and carried--kicking, fighting, screaming and cursing--to the police vehicle. The officers denied using any excessive force upon Heck. The officers testified that the next morning Heck made a statement to them concerning the burglary, admitting that he had broken into the building through a window, placed some merchandise near the exit, and was attempting to get some money from a cash register when the police arrived and arrested him. This statement was made after Heck was advised of his rights. He was described as calm, relaxed and willing to talk about the incident when he gave the statement. The officers related that no promises or threats were made to him in exchange for the statement. They testified that Heck commented to them that "he wanted to get it over with and get back to the penitentiary." The incriminating statement made by Heck the morning after his arrest was given before any of the subsequent alleged mistreatment complained of by Heck.

The officers further testified concerning the fire in the jail following Heck's refusal to accept the medication prescribed for him. They testified that Heck was not struck or abused when he was removed to the city jail. The city jailer testified that Heck was placed in a cell without blankets and mattresses, to prevent any further fires. He testified that Heck was never struck or physically abused at any time.

Heck further represented that he pled guilty "to a burglary that wasn't a burglary." He suggested that he lacked the specific intent to commit a burglary when he entered the building because he was under the influence of alcohol and marijuana. He asserted that he "did not intend to steal anything", but was guilty only of breaking and entering. Heck's contention was controverted by the evidence submitted at the post-conviction hearing, through the testimony of the...