State ex rel Oney v. Tahash

• Decision Date: 11 August 1967
• Docket Number: No. 40566,40566
• Citation: 152 N.W.2d 526,277 Minn. 394
• Parties: STATE of Minnesota ex rel. William Lester ONEY, Appellant, v. Ralph H. TAHASH, Warden Minnesota State Prison, Respondent.
• Court: Minnesota Supreme Court

Page 526

152 N.W.2d 526

277 Minn. 394

STATE of Minnesota ex rel. William Lester ONEY, Appellant, v. Ralph H. TAHASH, Warden Minnesota State Prison, Respondent.

No. 40566.

Supreme Court of Minnesota.

Aug. 11, 1967.

Syllabus by the Court

Relator at arraignment in the trial court had pleaded guilty to the intentional issuance of three bad checks within a 6-month period aggregating more than $100, a felony pursuant to Minn.St. 609.52. Relator in habeas corpus proceeding attacks the judgment of conviction thereof on the grounds that court-appointed counsel rendered inadequate representation and that his plea should not have been made or accepted because of doubt existing with respect to issuance of one of the three checks in issue. Held, the habeas petition was properly held to be groundless, the plea of guilty having been voluntarily, knowingly, and intelligently made, with competent aid of counsel, and having been properly accepted under all the circumstances set forth in the record of both the trial court and habeas corpus proceedings.

C. Paul Jones, Public Defender, Ronald L. Haskvitz, Asst. Public Defender, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Gerard W. Snell, Acting Sol. Gen., David C. Weinberg, Asst. Atty. Gen., St. Paul, for respondent.

OPINION

PETERSON, Justice.

Relator was charged by information with felony theft for the intentional issuance of three false checks within a 6-month period, the aggregate value of which exceeded $100. ¹ Upon his plea of guilty, he was convicted and sentenced to confinement in the State Penitentiary for an indeterminate term according to law.

Two grounds are asserted by relator in habeas corpus attack upon the judgment of conviction--(1) that his plea of guilty was improperly accepted by the trial court, particularly in view of his evasive and equivocal acknowledgment of the issuance of one of the three checks, without which check the aggregate value of $100, essential to conviction of a felony, would not exist, ² and (2) that the court-appointed counsel for him as an indigent defendant rendered ineffective aid and representation. We hold that the attack upon either ground is without merit.

1. Relator, although represented gratuitously as an indigent, had as court-appointed counsel an able and experienced attorney whom he himself requested be appointed. Relator expressly acknowledged that he had conferred with his counsel, and there is independent evidence of his consultation with counsel in the course of repeated appearances before the court. ³ In the absence of substantial evidence to the contrary, moreover, the court could assume that his counsel explained his legal rights and the implications of his conviction. ⁴ Relator, it may be added, seemingly had sufficient prior exposure himself to understand the nature of the proceedings and the offense, for of his six or seven prior felony convictions in four states, all but one involved bad-check offenses. ⁵ Because we hold that the plea of guilty was voluntarily, knowingly, and intelligently made by the accused, there is no basis whatever for a finding of inadequate representation.

2. There is no reason to doubt that relator was fully aware of the nature of the felony charge against him and the implications of his plea of guilty. He waived preliminary hearing in Stillwater municipal court on January 14, 1965, with his counsel present, and pleaded guilty at arraignment on January 25, 1965, again with counsel present. He acknowledged, in response to the court's interrogation, that he had conferred with his counsel and understood the charge against him as contained in the copy of the information delivered to him. He expressly waived a trial by jury after explanation of his right to such trial and affirmed that he made his plea freely and voluntarily.

The real essence of relator's claim is that his plea of guilty should not have been accepted because, although there is little doubt that he passed Two bad checks (constituting only a misdemeanor, because aggregating less than $100 in amount), there is serious doubt that he passed the third check (constituting a felony, because the aggregate would then be more than $100). The trial court repeatedly and specifically asked whether relator understood that he was being charged with respect to Three false checks, to which he answered in the affirmative. True, relator did answer to more specific questions as to each check with the qualification, 'as far as I can remember, yes,' and, as to the third check, that he 'could not remember cashing' it; and he added, without detail as to the time or other circumstances of the consumption of drugs and liquor, that he was 'taking pills, dexidrene' and was 'pretty drunk.' When shown each of the three checks, however, relator readily acknowledged the handwriting on each check as recognizably his. More important still, relator admitted that he received the proceeds from all Three of the checks at the places where he cashed them. The trial court could well have been impressed, moreover, with the fact that all the checks bore dates within a 2-week period and that two of the checks--including the particular check now challenged--bore the Same date. On this record, therefore, there is no such uncertainty as to guilt as would constitutionally forbid the trial court from accepting relator's plea of guilty. ⁶

No doubt of his culpability is cast by relator's vague reference to intoxication during the...