Maes v. State, 04-112.
| Decision Date | 28 June 2005 |
| Docket Number | No. 04-112.,04-112. |
| Citation | 114 P.3d 708,2005 WY 70 |
| Parties | Eli MAES, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Representing Appellant: Tonya A. Morse, Cheyenne, Wyoming.
Representing Appellee: Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and James Michael Causey, Assistant Attorney General.
Before HILL, C.J., and GOLDEN, KITE, and VOIGT, JJ., and SANDERSON, D.J.
[¶ 1] In a change of plea hearing arising out of three separate proceedings, Eli Maes pleaded guilty to: 1) one count of receiving stolen property; 2) two counts of attempted voluntary manslaughter; and 3) one count of soliciting perjury. After being sentenced to a term of years for each offense, Mr. Maes appealed, claiming his guilty pleas were not voluntary and the guilty plea for attempted manslaughter lacked a factual basis. We affirm.
[¶ 3] In January of 2003, a concrete chop saw was stolen from a construction site in Laramie County, Wyoming. A few days later, Mr. Maes attempted to sell a concrete chop saw to A1 Rental in Cheyenne. A1 Rental checked with law enforcement and was informed the saw was stolen. When A1 Rental informed Mr. Maes the saw was stolen, he immediately left the store without the saw. On March 21, 2003, Mr. Maes was arrested for receiving stolen property in violation of Wyo. Stat. Ann. § 6-3-403(a)(i) (LexisNexis 2003). At his arraignment, Mr. Maes pleaded not guilty to the charge.
[¶ 4] On July 14, 2003, while out on bond awaiting trial on the receiving stolen property charges, Mr. Maes was involved in an altercation outside a Laramie County bar, during which he pointed a gun first at his wife and then at a friend and threatened to kill them. Mr. Maes was arrested and charged with two counts of attempted second-degree murder in violation of Wyo. Stat. Ann. §§ 6-1-301(a) and 6-2-104 (LexisNexis 2003). Mr. Maes pleaded not guilty to those charges.
[¶ 5] On December 31, 2003, while Mr. Maes was in jail awaiting trial on the other charges, his wife visited him at the detention center and they talked by videophone. During their conversation, Mr. Maes allegedly encouraged his wife to change her story about the July altercation to match his. The conversation was recorded and Mr. Maes was charged with solicitation to commit perjury in violation of Wyo. Stat. Ann. §§ 6-1-302(a) and 6-5-301(a) (LexisNexis 2003). Like the other charges pending against him, Mr. Maes initially pleaded not guilty to this charge.
[¶ 6] Just before the State filed the solicitation to commit perjury charges, the parties reached a plea agreement. Under the terms of the agreement, Mr. Maes agreed to plead guilty to all of the charges filed against him and the State agreed to reduce the attempted second-degree murder charges to attempted manslaughter, not to pursue conspiracy to commit perjury charges against Mr. Maes' wife and to obtain the U.S. Attorney's agreement not to file federal charges against him.
[¶ 7] On January 8, 2004, in accordance with the plea agreement, Mr. Maes changed his plea to guilty on all of the charges. At a sentencing hearing on April 5, 2004, the court sentenced Mr. Maes to concurrent terms of two to four years on the receiving stolen property and conspiring to commit perjury charges and four to seven years on each count of attempted manslaughter, to be served concurrent to each other and consecutive to the two to four year sentences.
[¶ 8] Our review of Mr. Maes' claim that his plea was not voluntary is governed by W.R.Cr.P. 11(d), which provides as follows:
(d) Insuring that plea is voluntary. — The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The court shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the attorney for the state and the defendant or the defendant's attorney.
Strict adherence to the rule is required and any deviation from the procedure set forth therein must be harmless beyond a reasonable doubt or a defendant must be allowed to enter a new plea. Bird v. State, 939 P.2d 735, 737 (Wyo.1997).
[¶ 9] We review claims that a guilty plea was not voluntary de novo. Van Haele v. State, 2004 WY 59, ¶ 12, 90 P.3d 708,
¶ 12 (Wyo.2004). Based upon the totality of the circumstances, we determine whether the district court sufficiently described the nature of the charges, including the possible penalties; informed the defendant of the right to representation; informed the defendant of the rights waived by a guilty plea; and obtained a factual basis for the plea. Id., ¶ 13. A guilty plea is valid where the totality of the circumstances demonstrates that a defendant made a voluntary and intelligent choice to plead guilty from alternative courses of action available to him and understood the consequences of his plea. Herrera v. State, 2003 WY 25, ¶ 17, 64 P.3d 724, ¶ 17 (Wyo.2003); Major v. State, 2004 WY 4, ¶ 11, 83 P.3d 468, ¶ 11 (Wyo.2004).
[¶ 10] Our review of Mr. Maes' claim that there was not a sufficient factual basis for his guilty pleas to the attempted manslaughter charges is governed by W.R.Cr.P. 11(f), which provides as follows:
(f) Determining accuracy of plea. — Notwithstanding the acceptance of a plea of guilty, the court should not enter a judgment upon such plea without making such inquiry as shall satisfy it that there is a factual basis for the plea.
This provision does not require proof beyond a reasonable doubt that a defendant who pleads is actually guilty; the rule's standard is much lower. Rule 11(f) merely requires the court to satisfy itself that a factual basis exists for the guilty plea before accepting the plea. Van Haele, ¶ 27.
[¶ 11] The thrust of Mr. Maes' claim that his plea was not voluntary is that he entered the plea in order to protect his wife from prosecution. He asserts he had no choice but to agree to the prosecutor's wishes in order to protect his family. The State responds that the reference to Mr. Maes' wife was placed in the agreement at his request, Mr. Maes (and his wife) received the benefit of his agreement with the State, the district court strictly complied with W.R.Cr.P. 11, and the record clearly shows Mr. Maes' plea was voluntary.
[¶ 12] Given the requirement of strict adherence to W.R.Cr.P. 11, we begin our review with consideration of what transpired at the change of plea hearing. The hearing transcript reflects that the district court addressed Mr. Maes personally in open court, advising him of his right to plead not guilty, including his right to proceed to trial represented by counsel, and the rights he would waive by pleading guilty. The court also advised him of the nature of the charges against him and the possible penalties. Mr. Maes stated that he understood his rights, the charges against him and the possible penalties.
[¶ 13] The district court then inquired about the plea agreement. Defense counsel stated Mr. Maes felt the plea was the best way to proceed given the prosecution's agreement not to file charges against his wife and to seek the U.S. Attorney's agreement not to pursue federal charges against him. A few minutes later, defense counsel reiterated: "The driving point of the plea for Mr. Maes is that the state has secured a promise from the U.S. Attorney's Office that they would not pursue the federal charges, that they would not charge his wife with conspiracy to commit perjury...." The district court expressed concern with a guilty plea entered by a defendant in order to protect a family member from criminal charges. The State responded that the provision was put in the agreement to allay Mr. Maes' fears that he would plead guilty and the State would file charges against his wife anyway. The State also asserted this type of provision had appeared in plea agreements a number of times before and as long as the plea is knowing and voluntary, it is an appropriate condition. The court and Mr. Maes then had the following exchange:
The district court then read the charges filed against Mr. Maes in each of the three proceedings, asking him how he wished to plead after the reading of each charge was completed. With respect to the receiving stolen property charge, Mr. Maes stated "guilty." When asked how he would plead to the solicitation of perjury charge, Mr. Maes initially responded, "I guess guilty, Your Honor." Then, the following exchange occurred:
To continue reading
Request your trial
-
Noel v. State
...doubt that a defendant who pleads guilty is actually guilty nor does it require complete descriptions of the elements. Id.Maes v. State, 2005 WY 70, ¶ 21, 114 P.3d 708, 714 (Wyo.2005). See also Hirsch v. State, 2006 WY 66, ¶ 9, 135 P.3d 586, 590 (Wyo.2006); Sami v. State, 2004 WY 23, ¶¶ 9–1......
-
Noel v. State
...doubt that a defendant who pleads guilty is actually guilty nor does it require complete descriptions of the elements. Id.Maes v. State, 2005 WY 70, ¶ 21, 114 P.3d 708, 714 (Wyo. 2005). See also Hirsch v. State, 2006 WY 66, ¶ 9, 135 P.3d 586, 590 (Wyo. 2006); Sami v. State, 2004 WY 23, ¶¶ 9......
-
Mellott v. State
...the individual charged with a crime from being misled into a waiver of substantial rights." Nguyen , ¶ 11, 299 P.3d at 686 (quoting Maes v. State , 2005 WY 70, ¶ 21, 114 P.3d 708, 714 (Wyo. 2005) ). In other words, the factual basis inquiry "should protect a defendant who is in the position......
-
Miller v. State
...11(d), it is necessary for the district court to determine whether a guilty plea is voluntary only when it accepts the plea. See Maes v. State, 2005 WY 70, 8-9, 114 P.3d 708, 710 (Wyo. 2005) (addressing Rule 11(d)'s requirements in reviewing a district court's acceptance of the defendant's ......