Kraft v. State
Decision Date | 06 December 1979 |
Docket Number | No. 13121,13121 |
Parties | Jack Harold KRAFT, Petitioner-Appellant, v. STATE of Idaho, Defendant-Respondent. |
Court | Idaho Supreme Court |
Randy J. Stoker of Kvanvig, Stoker & Stanger, Twin Falls, for petitioner-appellant.
David H. Leroy, Atty. Gen., Warren Felton, Deputy Atty. Gen., Boise, for defendant-respondent.
Before DONALDSON, C. J., SHEPARD and BAKES, JJ., and MAYNARD and THOMAS, JJ. Pro Tem.
This appeal stems from a post-conviction proceeding in the Fifth Judicial District Court, in and for Twin Falls County, wherein the petitioner was denied requested relief. Actually, this is the third time this Court has considered the conviction, in December, 1973, of the petitioner-appellant, Jack Harold Kraft, of the crime of rape. That rape was committed in Twin Falls County in July, 1973. In September of that same year, Kraft was convicted of a burglary committed the same night in July, 1973, also in Twin Falls County. At the time of his trial on the rape charge, the petitioner was committed to the Idaho State Correctional Institution on his conviction of the burglary charge. Following his conviction of rape, appellant was sentenced to ten years in the Idaho State Correctional Institution with such sentence to run consecutively to the burglary sentence.
Petitioner appealed his conviction on the rape charge to this Court; the matter was heard and the conviction was affirmed. See State v. Kraft, 96 Idaho 901, 539 P.2d 254 (1975). In that appeal appellant raised the issue that he was denied effective assistance of counsel. Appellant indicated four areas wherein he deemed his trial counsel to have been ineffective. This Court found the assistance rendered by counsel to have been reasonably competent and affirmed the conviction in all other respects. In a special concurrence, Justice Bakes opined that he would reserve for a subsequent post-conviction hearing the issue of competence of counsel. This same question was discussed in State v. Ruth, 98 Idaho 879, 574 P.2d 1357 (1978). The quandary facing an appellant who raises the question of competence of counsel at trial as a basis for direct appeal is set forth as follows:
Justice Bakes in the first appeal by Kraft on the rape charge initially observed:
"The resolution of those factual issues for the first time upon appeal, based upon a trial record in which competency of counsel was not at issue, is at best conjectural." Kraft, 96 Idaho at 906, 539 P.2d at 259.
In the Ruth case Justice Bistline adds in a concurrence:
Ruth, 98 Idaho at page 881, 574 P.2d at page 1359.
Following his direct appeal, appellant filed an application for post-conviction relief under the Uniform Post-Conviction Procedure Act, I.C. §§ 19-4901 to 19-4911. A hearing on the application was held in the Fifth District Court on June 4, 1976. The district court denied the appellant relief and he appealed. That appeal was dismissed as being premature because the trial court had not entered findings of fact and conclusions of law pursuant to I.C. § 19-4907. On October 5, 1978, findings of fact and conclusions of law supporting the trial court's decision were rendered and this appeal now ensues.
Appellant assigns two errors by the district court: first, the trial court's failure to find following the post-conviction hearing that he had been denied reasonably competent assistance of counsel before and during his trial on the rape charge; and, second, the order that appellant's sentence should run consecutively to, rather than concurrently with, his burglary sentence.
All questions bearing upon the competency of counsel were heard on the previous appeal to this Court, except for appellant's complaint that his counsel only met with him for 35 minutes three days prior to the trial. The record does not contain appellant's allegations as to what a competent attorney would have done and what was in fact done by counsel in this case. The burden is on the appellant to make such a showing in his post-conviction appeal. On the strength of a prior ruling of this Court, Larsen v. May, 93 Idaho 602, 468 P.2d 866 (1970), the trial court held that, this Court having once passed upon his contentions, the same claims now were precluded by the rule of Res judicata.
The rationale behind Res judicata has been set forth by this Court as follows:
Ramseyer v. Ramseyer, 98 Idaho 554, 556, 569 P.2d 358, 360 (1977).
The same rationale that there should be some finality to litigation is also found in the Uniform Post-Conviction Procedure Act of this state:
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