Holmes v. State, 48392

• Decision Date: 26 April 1979
• Docket Number: No. 48392,48392
• Citation: 374 So.2d 944
• Parties: Monroe HOLMES, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

Page 944

374 So.2d 944

Monroe HOLMES, Appellant, v. STATE of Florida, Appellee.

No. 48392.

Supreme Court of Florida.

April 26, 1979.

Rehearing Denied Oct. 4, 1979.

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, George R. Georgieff and Richard W. Prospect, Asst. Attys. Gen., Tallahassee, for appellee.

ADKINS, Justice.

This is a direct appeal from a judgment adjudging defendant guilty of murder in the first degree and a sentence of death.

Defendant Holmes was arrested April 5, 1974, for the homicide of police officer Meredith Runck. An indictment was returned charging defendant with murder in the first degree and arraignment was held on April 25, 1974. Defendant tendered a plea of guilty to the offense of murder in the first degree.

Defendant presented witnesses regarding a factual basis for the plea on April 26, 1974, and the trial court then accepted the plea of guilty. Defense counsel stated that defendant waived the jury in the advisory sentence proceeding, so testimony regarding aggravating and mitigating circumstances was presented without a jury on June 6, 1974.

On August 13, 1974, defendant filed a suggestion of insanity and motion for mental examination. The motion was granted.

Arguments on sentencing were not heard until March 21, 1975.

On September 5, 1975, new defense counsel filed a motion to withdraw the guilty plea. This motion was based primarily upon the reports of the court-appointed psychiatrist, which defendant says indicated that he was not competent at the time of the offense and raised a doubt as to his competency to enter the plea of guilty. The motion to withdraw the guilty plea was denied by the trial court on October 15, 1975.

On November 7, 1975, defendant was adjudged guilty of murder in the first degree and sentenced to death.

The findings of fact by the trial judge contained the following:

"This Defendant, MONROE HOLMES, was indicted for the crime of murder in the first degree. On arraignment, he plead guilty to this charge, and waived jury trial of the issue of the imposition of sentence. The Court reluctantly determined that this was a matter of right and that it could not compel Defendant to submit to a jury trial as to imposition of sentence. Thereafter, approximately one hour was spent in advising Defendant of his rights to jury trial, and of the sentences which might be imposed by the Court, as well as his right, in any trial, to remain silent and not testify. Defendant was further interrogated as to whether he had been made any promises, or subjected to any threats, which he denied. He further repeatedly stated that he understood what he was doing. Finally, Defendant testified that he had discussed his case with the attorney representing him and that he was satisfied with the attorney's services and representation.

"Thereafter, the Court held two evidentiary hearings wherein eye witnesses testified as to the commission of the crime. Later, argument of counsel as to the sentence was heard.

"Chapter 921 Florida Statutes governs sentencing in capital felonies. It requires the Court to make findings upon circumstances enumerated therein, which circumstances are divided into two categories.

"First, aggravating circumstances, subsections (a) thru (h); and second, mitigating circumstances, subsections (a) thru (g).

"As to aggravating circumstances the Court finds: subsection (e), that the capital felony was committed for the purpose of avoiding or preventing a lawful arrest or affecting an escape from custody. Subsection (g), the capital felony was committed to disrupt the enforcement of laws. Subsection (h), the capital felony was especially heinous and atrocious.

"As to mitigating circumstances the Court finds: subsection (a) that the Defendant has no significant history of prior criminal activity, but that none of the other mitigating circumstances listed in the statute were present. It is thereupon,

"ORDERED AND ADJUDGED that you, MONROE HOLMES, having plead guilty to the charge of murder in the first degree are found to be guilty of such offense. The Court having heretofore heard arguments of counsel as to sentencing, it now asks if you have any lawful reason why the sentence of the law should not be imposed.

"It is the Judgment of this Court that, for your adjudication of guilt of the crime of murder in the first degree, you are hereby sentenced to the penalty of death, the sentence to be carried out in accordance with the laws of the State of Florida."

The victim, Meredith Runck, was a police officer and the homicide was committed after defendant was arrested at the home of Dorothy Campbell, the mother of defendant's girl friend, Mary. Defendant had gone to the home, entered, created a disturbance, and asked to see Mary. The police were called and defendant refused to leave the home. The victim spoke with the defendant for about twenty minutes and asked him to leave. The officer told defendant not to go into the house or he would be arrested. Defendant, nevertheless, came to the door of the house and the arrest resulted. Defendant and the officer walked peacefully to the police cruiser, but, when they reached the cruiser, they began to wrestle. The defendant got on top of the officer and began hitting him. He grabbed the officer's gun, stood up, and fired more than four shots. Other officers then arrived and took defendant into custody.

Defendant contends that the plea of guilty was accepted without an affirmative showing that it was voluntarily and intelligently made, as the court only personally addressed defendant twice and relied on representations of defense counsel and the prosecutor for the majority of the determination. When the plea was tendered, the attorney for defendant stated that he had consulted a privately retained psychiatrist and had received a verbal report leading him to believe that "the move we are taking at this time is proper." An eye witness to the homicide testified at the hearing determining the factual basis for the plea. The intense and exhaustive care with which the trial court advised defendant of his rights, and determined that defendant understood the effect of his plea of guilty, was clearly established.

Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), does not require that the exhaustive inquiry comes from the lips of the trial judge. The court stated in Church v. State, 299 So.2d 649 (Fla. 4th DCA 1974):

"It would seem quite acceptable that as to a defendant desiring to plead guilty, the trial judge simply add to his repertoire of questions such additional ones concerning the accused's participation in the charged offense as to make certain that there is shown on the record a factual basis in sufficient detail to show every element of the crime charged. Of course, it is not mandatory that the court personally conduct the interrogation of the accused for this purpose. Some of the acceptable alternatives as approved in the federal cases is for the court to take testimony from one or more witnesses sufficient to show a factual basis for the plea, or to have the prosecuting attorney give a detailed recitation of the evidence against the defendant in his presence, without his objection or contradiction and with his subsequent admission as to the truth of the evidence recited." At 651.

The lower court meticulously followed the principles outlined in Lamadline v. State, 303 So.2d 17 (Fla.1974). As in the Lamadline case,

"Testimony was presented establishing in detail a factual basis for this plea, the defendant being present and having an opportunity through his counsel to cross-examine the witnesses. . . . The court found again that (1) the defendant, with full knowledge of the consequences and knowing that he was acting contrary to the advice of his counsel, voluntarily and intelligently entered the plea of guilty to the offense; (2) the facts were sufficient to support the plea." At 19.

The best evidence that defendant understood and voluntarily entered his plea of guilty came from his own lips when the court asked whether any threats were made to force him to plea and defendant replied, "No, Sir. I make it willingly." See Hopkins v. State, 275 So.2d 597 (Fla. 2d DCA 1973); Williams v. State, 316 So.2d 267 (Fla.1975).

Thereafter on June 6, 1974, an evidentiary hearing was held on the issue of aggravating and mitigating circumstances. After this hearing the original defense counsel resigned from the office of public defender and new defense counsel was appointed. The new attorney filed a suggestion of insanity and two psychiatrists were appointed by the court. Based upon the report of the psychiatrist, defendant contends that the court erred in refusing to allow the withdrawal of the plea of guilty in view of the Possibility of the meritorious defense of insanity. Also, defendant says that he was not mentally competent to enter the plea of guilty and the waiver of the jury for the advisory sentencing procedure was not knowingly and voluntarily made.

These questions were answered by the trial judge when he used the following language in his order denying the motion to withdraw the guilty plea:

"(C)ounsel for Defendant argued his motion to allow withdrawl (sic) of guilty plea. The State presented its answer in opposition thereto. The Court has thoroughly considered arguments of counsel, and all authorities cited. This entire problem is thoroughly considered and discussed in the case of Williams v. State, (Fla., 316 So.2d 267) decided by the Supreme Court of Florida, the opinion becoming final August 28, 1975. In that case the Supreme Court spelled out the principles which control the acceptance of a plea of guilty.

"The Court may, in its discretion, And upon good cause shown, at any time before sentence, permit a plea of guilty to be withdrawn. In the instant case, Defendant does...