Mayfield v. Giblin

• Decision Date: 30 August 1990
• Docket Number: No. 09-90-062,09-90-062
• Citation: 795 S.W.2d 852
• Parties: Darren Lee MAYFIELD, Relator, v. The Honorable Leonard GIBLIN, Jr., Respondent. CV.
• Court: Texas Court of Appeals

Page 852

795 S.W.2d 852

Darren Lee MAYFIELD, Relator, v. The Honorable Leonard GIBLIN, Jr., Respondent.

No. 09-90-062 CV.

Court of Appeals of Texas Beaumont.

Aug. 30, 1990.

Rehearing Denied Sept. 18, 1990.

David Bonham, Nederland, Jim Vollers, Austin, for relator.

Tom Maness, Dist. Atty., John R. DeWitt, Asst. Dist. Atty., Beaumont, for respondent.

OPINION

BROOKSHIRE, Justice.

Petition for writs of mandamus and prohibition.

The trial court acted entirely correctly in the exercise of its broad and, indeed, decisive discretion which by law places in trial judges the power to accept or to reject such proffered plea bargains as in this case. Hence, the trial judge's rejection or disapproval of the said proposed plea bargain was entirely lawful. Since, in our view, the district judge acted and proceeded well within his authority and discretion, our Court would be in error if we granted the Relator's petition for writs of prohibition or mandamus. It is abundantly clear that the petition for the writ of prohibition will not lie in this Court of Appeals under this record.

At the threshold it should be clearly pointed out that in one indictment Mayfield was charged with intentionally causing the death of Fabian Johnson by shooting him with a deadly weapon, a firearm, while in the course of committing and attempting to commit aggravated robbery of Zebedee Johnson. In a separate indictment the grand jurors alleged that Mayfield while in the course of committing and attempting to commit aggravated robbery of Zebedee Johnson intentionally caused the death of Zebedee Johnson by shooting him with a deadly weapon, namely, a firearm. At a hearing on February 5, 1990, the following transpired:

THE COURT: Now, your attorney, along with the State, is going to make a recommendation in each of these cases regarding punishment. Do you understand that I'm not bound by any recommendations they make?

THE DEFENDANT: Yes, sir.

THE COURT: If I reject these plea bargain agreements, then you would have a right to withdraw your plea, and if you withdraw your plea, anything that's done today cannot be used against you at a later trial. Do you understand that?

THE DEFENDANT: Yes, sir.

The court admonished Mr. Mayfield concerning the judicial confessions and their effects. The judicial confessions, of course, signed and sworn to by Darren Lee Mayfield, stated unequivocally that he committed each and every allegation and that he was guilty of the offenses as alleged as well as all lesser included offenses. In fact, he swore to each judicial confession. It should be noticed that the court accepted the defendant's plea at the February 5, 1990, hearing. The court then immediately announced that these cases would be reset for a pre-sentence report. The court immediately announced that there would be another hearing on February 26--"and I'll let you know if I'm going to go along with the plea bargain." The record is clear that the court did not accept the plea bargains. The trial court received a PSI report and after having reviewed that report rejected the plea bargain agreement in each of the cases. The trial court then advised the defendant that he had a right to withdraw his previous pleas. The defendant declined to withdraw his plea nor did he urge his plea at the second hearing. Again, it should be stressed that the trial court only accepted the defendant's pleas and expressly called for a PSI report. The fact that the Relator, Mayfield, stood mute at the second hearing and refused the district judge's offer to allow Mayfield to withdraw his guilty pleas does not diminish or limit the trial judge's discretion and authority and power and duty to continue forward with the timely proceedings on the capital murder indictments still pending against Mayfield.

The trial judge did not find the Relator guilty. The court below did not accept in any manner or approve in any mode the proposed plea bargains. Of course, no punishment was assessed. The Texas Code of Criminal Procedure, Article 26.13(a)(2) states: "[t]he recommendation of the prosecuting attorney as to punishment is not binding on the court." The remainder of this subsection provides in substance that the court shall inquire as to the existence of plea bargain agreements between the State and the defendant and; should the court reject any such agreement, the defendant shall be entitled to withdraw his plea of guilty or nolo contendere. The plain meaning and the reasonable construction of this statute is that the court may reject any such plea bargain agreements. The court, well within its authority and discretion, rejected the agreed recommendation by the parties to proceed on the lesser included offense of murder. Thus, necessarily, any proposed dismissal of the capital murder charge or offense was also properly and lawfully rejected and disallowed by the trial court, and the capital murder offenses are still pending against the Relator.

In Washington v. State, 545 S.W.2d 461, 462 (Tex.Crim.App.1976) we find this holding:

Moreover, the prosecutor and defense counsel are without authority to bind the court to a fixed punishment or to probation by plea negotiation. Gibson v. State, Tex.Cr.App., 532 S.W.2d 69.

The Court of Criminal Appeals held in State ex rel. Bryan v. McDonald, 662 S.W.2d 5, 9 (Tex.Crim.App.1984) as follows:

Of course, the trial court remains free in every or any case to refuse to allow plea bargaining or to reject a particular plea bargain entered into by the State and defense. See Morano v. State, 572 S.W.2d 550 (Tex.Cr.App.1978); Cruz v. State, 530 S.W.2d 817, 819 (Tex.Cr.App.1975); Art. 26.13, V.A.C.C.P.

Hence, the district judge was exercising his lawful authority and discretion. Thus, the court rejected and vitiated any implied or express motion by the State to effect a dismissal of the capital murder allegations in the pending indictments. Hence, the capital murder offenses and charges are thus still viable and legally pending. TEX. CODE CRIM.PROC.ANN. Art. 32.02 (Vernon 1989), entitled "Dismissal by state's attorney". That article specifically provides that no case shall be dismissed without the consent of the presiding judge. Article 26.14 mandatorily provides that where a defendant in a felony persists in pleading guilty and if the punishment is not absolutely fixed by law, a jury shall be empaneled to assess the punishment. Evidence may be heard to enable the jury to decide upon the punishment unless the defendant actually waives his right to trial by a jury. However, in a capital murder case, the Relator cannot waive a jury. Hence, Article 26.14 mandates and requires that a jury shall be empaneled to assess the punishment. See TEX. CODE CRIM.PROC.ANN. Art. 1.14 (Vernon Supp.1990), entitled "Waiver of rights".

The Relator can, of course, still at this point withdraw his pleas of guilty. If later on the Relator still stands mute and refuses to answer when asked by the trial court what his plea will be, then the trial court will enter a plea of "not guilty" on behalf of the accused. TEX. CODE CRIM.PROC.ANN. Arts. 26.11, 26.12.

It seems abundantly clear that the trial judge has broad discretion and ample authority as pointed out above. He has this discretion and authority both by statutory enactments and decisional precedents. Hence, the writ of mandamus will not properly lie and, indeed, cannot issue to subvert the exercise of his judicial discretion, power and authority. In order for the Relator to be entitled to the extraordinary relief that he seeks, the Relator must establish two necessary prerequisites: that he has no other adequate remedy at law available; and very importantly, that the act sought to be compelled is an act that is purely ministerial in nature and the act is not a discretionary one or a judicial one in nature. State ex rel. Curry v. Gray, 726 S.W.2d 125 (Tex.Crim.App.1987). Furthermore, for a judge's act to be purely ministerial, the act must be pursuant to a duty that is clearly fixed and required by law and the duty must be unequivocal, unconditional and without discretion. If the act sought is one of discretion or judicial judgment, then it is not a ministerial act. See State ex rel. Wade v. Mays, 689 S.W.2d 893 (Tex.Crim.App.1985); Homan v. Hughes, 708 S.W.2d 449 (Tex.Crim.App.1986). Of course, deciding how to rule after considering a motion to dismiss, which involves discretion, is not a ministerial act. Wade, supra.

Furthermore, we think that the law is well-established that the Relator here must show absolutely no impediment to the doing of the act that he seeks to force and compel upon the trial judge and the Relator must additionally show that he has an absolute right to the extraordinary writ sought. But the statutory law above referred to gives the power and authority to the trial court to reject the plea bargain agreements. Hence, there is a big impediment facing and adverse to the Relator. Thus, the Relator is faced with an insurmountable impediment and, therefore, he cannot compel the trial judge to act as Relator requests. Relator has failed to show that he has an absolute right to the extraordinary writ he seeks. Extraordinary relief as requested here will not issue unless the very act or result sought by the Relator is manifestly and clearly ministerial and there is no judicial power or discretionary authority involved whatsoever. Hence, extraordinary writs directing a public official, here a district judge, to perform a duty exacted by law will not issue to enforce a duty that is to any degree discretionary. Also, a showing must be clearly made that for the judge to do other than that which is sought by the Relator would be a clear violation of the judge's official duty. How can it be said that Judge Giblin is violating his duty when the statute provides Giblin may approve or reject the plea bargains?

Then it becomes a necessary, logical, corollary to the above that if there is any reason or basis which...