Smith v. State, No. 93-82

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtBefore MACY; TAYLOR
Citation871 P.2d 186
Decision Date24 March 1994
Docket NumberNo. 93-82
PartiesTimothy Wallace SMITH, Jr., Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Page 186

871 P.2d 186
Timothy Wallace SMITH, Jr., Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).
No. 93-82.
Supreme Court of Wyoming.
March 24, 1994.

Leonard D. Munker, State Public Defender, and Deborah Cornia, Appellate Counsel, Cheyenne, for appellant. *

Joseph B. Meyer, Atty. Gen., Sylvia L. Hackl, Deputy Atty. Gen., and D. Michael Pauling, Sr. Asst. Atty. Gen., Cheyenne, for appellee.

Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.

Page 187

TAYLOR, Justice.

Appellant challenges his guilty pleas to two counts of murder in the first degree and one count of use and possession of a firearm by a person convicted of a violent felony. Appellant asserts his guilty pleas were intended to be and should be treated as conditional. He also contends he was denied a speedy trial.

We affirm.

I. ISSUES

Appellant raises the following issue:

Whether Appellant was denied his constitutional right to a fair and speedy trial[.]

The State frames the issue in these terms:

Whether Appellant's guilty plea waived his meritless speedy trial claim?

II. FACTS

In the early morning hours of June 11, 1992, appellant, Timothy W. Smith (Smith), shot and killed Janice Marvin (Marvin) and Charles Samuels (Samuels) in Jackson, Wyoming. Smith was charged with two counts of murder in the first degree, Wyo.Stat. § 6-2-101 (Cum.Supp.1993), one count of aggravated burglary, Wyo.Stat. § 6-3-301(c)(i) and (ii) (1988), and one count of use and possession of a firearm by a convicted felon, Wyo. Stat. § 6-8-102 (1988). Smith admitted to the shooting, but claimed he accidentally shot Marvin and acted in self-defense in shooting Samuels.

On June 29, 1992, counsel for Smith requested a suspension of the proceedings pursuant to Wyo.Stat. § 7-11-304(a) (1987) to have Smith's competency to stand trial determined. Competency examinations proceeded throughout the remainder of 1992. During this time, Smith's counsel asked for and received additional designated competency examiners and twice filed requests for additional time to file the examiners' competency reports. On February 5, 1993, the district court found Smith competent and mentally fit to proceed.

At his arraignment on March 5, 1993, Smith pled not guilty and not guilty by reason of mental illness or deficiency to all four charges. Trial was scheduled to begin May 24, 1993. On March 10, 1993, Smith filed a W.R.Cr.P. 48 motion to dismiss, alleging denial of the right to a speedy trial. After a hearing, the district court denied the motion.

On March 26, 1993, pursuant to a negotiated plea agreement, Smith changed his pleas to guilty to two counts of murder in the first degree and guilty to one count of use and possession of a firearm by a person convicted of a violent felony. As part of the plea agreement, the State agreed to dismiss the aggravated burglary charge. The district court sentenced Smith to two consecutive life terms on the murder charges and a consecutive term of not less than two and one-half years nor more than three years on the firearm charge.

III. DISCUSSION

This court reviews change of plea proceedings as a whole. Mehring v. State, 860 P.2d 1101, 1106 (Wyo.1993); Stice v. State, 799 P.2d 1204, 1209 (Wyo.1990); Gist v. State, 768 P.2d 1054, 1056-57 (Wyo.1989). "Our inquiry determines if 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." Mehring, 860 P.2d at 1106 (emphasis added). W.R.Cr.P. 11 directs, in pertinent part:

(b) Advice to Defendant. * * * [B]efore accepting a plea of guilty or nolo contendere to a felony or to a misdemeanor when the defendant is not represented by counsel, the court must address the defendant personally in open court and, unless the defendant has been previously advised by the court on the record and in the presence of counsel, inform the defendant of, and determine that the defendant understands, the following:

(1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law and other sanctions which could attend a conviction including, when applicable, the general nature of any

Page 188

mandatory assessments (such as the surcharge for the Crime Victim Compensation Account), discretionary assessments (costs, attorney fees, restitution, etc.)[.] * * *

* * * * * *

(2) The defendant has the right to be represented by an attorney at every stage of the proceeding and, if necessary, one will be appointed to represent the defendant;

(3) The defendant has the right to plead not guilty or to persist in that plea if it has already been made, the right to be tried by a jury and at that trial the right to the assistance of counsel, the right to confront and cross-examine adverse witnesses, the right to court process to obtain the testimony of other witnesses, and the right against compelled self-incrimination;

(4) If a plea of guilty or nolo contendere is accepted by the court there will not be a further trial of any kind, so that by pleading guilty or nolo contendere the defendant waives the right to a trial; and

(5) If the court intends to question the defendant under oath, on the record, and in the presence of counsel, about the offense to which the defendant has pleaded guilty, that the defendant's answers may later be used against the defendant in a prosecution for perjury or false statement.

A guilty plea prohibits appellate review of all but a few defenses. Ochoa v. State, 848 P.2d 1359, 1361-62 (Wyo.1993); Sword v. State, 746 P.2d 423, 425 (Wyo.1987).

"When a criminal defendant has solemnly admitted in open court that he is in fact guilty of the offense with which he is charged, he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea."

Davila v. State, 831 P.2d 204, 206 (Wyo.1992) (quoting Zanetti v. State, 783 P.2d 134, 138 (Wyo.1989) and Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973)).

A guilty plea waives non-jurisdictional defenses. Ochoa, 848 P.2d at 1361; Davila, 831 P.2d at 205; Sword, 746 P.2d at 425. In Davila, 831 P.2d at 205-06, we set forth the difference between jurisdictional and non-jurisdictional defenses. Jurisdictional defenses...

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22 practice notes
  • Nixon v. State, No. 01-55.
    • United States
    • United States State Supreme Court of Wyoming
    • August 5, 2002
    ...N.Y.2d 196, 201-02, 321 N.Y.S.2d 74, 269 N.E.2d 794 (1971). Sword v. State, 746 P.2d 423, 426 (Wyo.1987). In addition, in Smith v. State, 871 P.2d 186, 188 (Wyo.1994), this Court 51 P.3d 858 A guilty plea prohibits appellate review of all but a few defenses. Ochoa v. State, 848 P.2d 1359, 1......
  • Van Haele v. State, No. 03-138.
    • United States
    • United States State Supreme Court of Wyoming
    • May 25, 2004
    ...followed.2 STANDARD OF REVIEW [¶ 11] The procedure utilized to accept a guilty plea is reviewed by this court as a whole. Smith v. State, 871 P.2d 186, 187 (Wyo.1994). "Our inquiry determines if the district court sufficiently described the nature of the charges, including the possible pena......
  • Lindsay v. State, No. 04-52.
    • United States
    • United States State Supreme Court of Wyoming
    • March 28, 2005
    ...Morgan v. State, 2004 WY 95, ¶ 23, 95 P.3d 802, ¶ 23 (Wyo.2004); Bailey v. State, 12 P.3d 173, 177 (Wyo.2000); Smith v. State, 871 P.2d 186, 188 (Wyo.1994). However, an exception to this rule is found in W.R.Cr.P. 11(a)(2) which allows a defendant to plead guilty or nolo contendere while re......
  • Cohee v. State, No. 04-57.
    • United States
    • United States State Supreme Court of Wyoming
    • April 15, 2005
    ...also United States v. Yunis, 723 F.2d 795, 796 (11th Cir.1984) and Smith v. United States, 677 F.2d 39, 40 (8th Cir.1982). Smith v. State, 871 P.2d 186, 188 (Wyo.1994). See also Kitzke v. State, 2002 WY 147, ¶ 8, 55 P.3d 696, 699 [¶ 14] We agree with the State that entry of the appellant's ......
  • Request a trial to view additional results
22 cases
  • Nixon v. State, No. 01-55.
    • United States
    • United States State Supreme Court of Wyoming
    • August 5, 2002
    ...N.Y.2d 196, 201-02, 321 N.Y.S.2d 74, 269 N.E.2d 794 (1971). Sword v. State, 746 P.2d 423, 426 (Wyo.1987). In addition, in Smith v. State, 871 P.2d 186, 188 (Wyo.1994), this Court 51 P.3d 858 A guilty plea prohibits appellate review of all but a few defenses. Ochoa v. State, 848 P.2d 1359, 1......
  • Van Haele v. State, No. 03-138.
    • United States
    • United States State Supreme Court of Wyoming
    • May 25, 2004
    ...followed.2 STANDARD OF REVIEW [¶ 11] The procedure utilized to accept a guilty plea is reviewed by this court as a whole. Smith v. State, 871 P.2d 186, 187 (Wyo.1994). "Our inquiry determines if the district court sufficiently described the nature of the charges, including the possible pena......
  • Lindsay v. State, No. 04-52.
    • United States
    • United States State Supreme Court of Wyoming
    • March 28, 2005
    ...Morgan v. State, 2004 WY 95, ¶ 23, 95 P.3d 802, ¶ 23 (Wyo.2004); Bailey v. State, 12 P.3d 173, 177 (Wyo.2000); Smith v. State, 871 P.2d 186, 188 (Wyo.1994). However, an exception to this rule is found in W.R.Cr.P. 11(a)(2) which allows a defendant to plead guilty or nolo contendere while re......
  • Cohee v. State, No. 04-57.
    • United States
    • United States State Supreme Court of Wyoming
    • April 15, 2005
    ...also United States v. Yunis, 723 F.2d 795, 796 (11th Cir.1984) and Smith v. United States, 677 F.2d 39, 40 (8th Cir.1982). Smith v. State, 871 P.2d 186, 188 (Wyo.1994). See also Kitzke v. State, 2002 WY 147, ¶ 8, 55 P.3d 696, 699 [¶ 14] We agree with the State that entry of the appellant's ......
  • Request a trial to view additional results

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