State v. Arrowood, 4304.

• Decision Date: 17 October 2007
• Docket Number: No. 4304.,4304.
• Parties: The STATE, Respondent, v. Tim Wayne ARROWOOD, Appellant.
• Court: South Carolina Court of Appeals

652 S.E.2d 438

The STATE, Respondent, v. Tim Wayne ARROWOOD, Appellant.

No. 4304.

Court of Appeals of South Carolina.

Heard October 10, 2007.

Decided October 17, 2007.

Appellate Defender Robert M. Dudek, South Carolina Commission of Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Shawn L. Reeves, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

ANDERSON, J.

Tim Wayne Arrowood appeals his convictions for first-degree burglary and larceny, the defendant's maturity, Haley v. Ohio, 332 U.S. 596, 599-601, 68 S.Ct. 302, 92 L.Ed. 224 (1948) (opinion of Douglas, J.); education, Clewis v. Texas, 386 U.S. 707, 712, 87 S.Ct. 1338, 18 L.Ed.2d 423 (1967); physical condition, Greenwald v. Wisconsin, 390 U.S. 519, 520-521, 88 S.Ct. 1152, 20 L.Ed.2d 77 (1968) (per curiam); and mental health, Fikes v. Alabama, 352 U.S. 191, 196, 77 S.Ct. 281, 1 L.Ed.2d 246 (1957). They also include the failure of police to advise the defendant of his rights to remain silent and to have counsel present during custodial interrogation. Haynes v. Washington, 373 U.S. 503, 516-517, 83 S.Ct. 1336, 10 L.Ed.2d 513 (1963)[.]

507 U.S. at 693-94, 113 S.Ct. 1745.

Appellate entities in South Carolina have recognized that appropriate factors to consider in the totality-of-circumstances analysis include: background, experience, and conduct of the accused; age; length of custody; police misrepresentations; isolation of a minor from his or her parent; threats of violence; and promises of leniency. See Childs, 299 S.C. at 475, 385 S.E.2d at 842 (background, experience, and conduct of the accused); In re Williams, 265 S.C. 295, 217 S.E.2d 719 (1975) (age); State v. Jennings, 280 S.C. 62, 309 S.E.2d 759 (1983) (length of custody); State v. Rabon, 275 S.C. 459, 461, 272 S.E.2d 634, 635 (1980) (police misrepresentations); State v. Smith, 268 S.C. 349, 355, 234 S.E.2d 19, 21 (1977) (isolation of minor); State v. Rochester, 301 S.C. 196, 200, 391 S.E.2d 244, 246 (1990) (threats of violence and promises of leniency).

Coercive police activity is a necessary predicate to finding a statement is not voluntary. Colorado v. Connelly, 479 U.S. 157, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986); Linnen, 278 S.C. 175, 293 S.E.2d 851. Coercion is determined from the perspective of the suspect. Illinois v. Perkins, 496 U.S. 292, 110 S.Ct. 2394, 110 L.Ed.2d 243 (1990).

A statement may not be "extracted by any sort of threats or violence, [or] obtained by any direct or implied promises, however slight, [or] obtained by the exertion of improper influence." Rochester, 301 S.C. at 200, 391 S.E.2d at 247 (citing Hutto v. Ross, 429 U.S. 28, 97 S.Ct. 202, 50 L.Ed.2d 194 (1976)). A statement "induced by a promise of leniency is involuntary only if so connected with the inducement as to be a consequence of the promise." Compton, 366 S.C. at 680, 623 S.E.2d at 666; see also State v. Saltz, 346 S.C. 114, 136, 551 S.E.2d 240, 252 (2001); Rochester, 301 S.C. at 200, 391 S.E.2d at 247; State v. Peake, 291 S.C. 138, 139, 352 S.E.2d 487, 488 (1987).

In Peake, our state supreme court held a defendant's statements made to an investigating officer were induced by a promise of leniency because the officer told the defendant the State would not seek the death penalty if he made a statement. 291 S.C. at 139, 352 S.E.2d at 488. However, in Rochester, the supreme court found a statement made by a polygraph examiner was not an inducement by the promise of leniency. The examiner's statement simply conveyed that it would be in the defendant's best interest to tell the truth. 301 S.C. at 201, 391 S.E.2d at 247. The Rochester court further noted, "[S]tanding alone, the polygraph examiner's comment did not constitute the kind of hope or reward or benefit condemned by this Court in Peake." Id.

In the case sub judice, Miller maintains his statements were not freely and voluntarily given because they were induced by a promise of an eight to twelve year sentence. However, Miller was not present to testify, and the only person who testified at the Denno hearing that the promise existed was Varner, Miller's attorney. Unlike the circumstances in Peake, in this instance three officers and Assistant Attorney General Evans denied any promise of leniency in exchange for Miller's statements. Although the officers and Evans told Miller it was in his best interest to cooperate, no one made any direct or implied promise of leniency. As a result, Miller's statements were made in the "hope" of leniency rather than as a consequence of a "promise."

In ruling on the admissibility of Miller's statements, the trial judge had the opportunity in the Denno hearing to listen to the testimony, assess the demeanor and credibility of all witnesses, and weigh the evidence accordingly. In determining Miller knowingly, intelligently, and voluntarily made the statements the trial judge ruled:

[T]he [c]ourt cannot conclude that the statements to Agents Bragg and Sonnefeld were not freely voluntarily given after Mr. Miller was afforded all of his rights, warning and safeguards pursuant to the case law in such cases made and provided, or that the handwritten statement was not freely and voluntarily given.

Furthermore, the court instructed the jury to carefully scrutinize all the surrounding circumstances about and concerning such statement or statements before you give any weight to any alleged statement of statements. You must be satisfied beyond a reasonable doubt that the statement was made by the accused person uninfluenced by promise of reward, threats of injury or diminution of his rights.

The trial judge analyzed the voluntariness of Miller's statements in compliance with the due process requirements. Luculently, the admission of Miller's statements at trial was not an abuse of discretion.

II. Enforceability of Plea Offer

Miller next contends the promise of an eight-to-twelve-year sentence should have been enforced. Specifically, Miller claims the State's oral promise of eight-to-twelve years was binding because he detrimentally relied on it by disclosing the information the State wanted. We disagree.

"[I]t is the prerogative of any person to waive his rights, confess, and plead guilty, under judicially defined safeguards, which are adequately enforced." Reed v. Becka, 333 S.C. 676, 685, 511 S.E.2d 396, 401 (Ct.App.1999); see also State v. Armstrong, 263 S.C. 594, 597, 211 S.E.2d 889, 890 (1975). However, a defendant has no constitutional right to plea bargain. Reed, 333 S.C. at 685, 511 S.E.2d at 401. Furthermore, the trial judge is not required to accept a plea. Id.; see also Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971) (stating defendant has no absolute right to have a guilty plea accepted). However, once a defendant enters a guilty plea and the plea is accepted by the court, due process requires the plea bargain be honored. Reed, 333 S.C. at 686, 511 S.E.2d at 401.

While plea agreements are a matter of criminal jurisprudence, most courts have held they are subject to contract principles. See, e.g., Reed v. Becka, 333 S.C. 676, 686, 511 S.E.2d 396, 401 (Ct.App.1999); United States v. Ringling, 988 F.2d 504, 505 (4th Cir.1993); United States v. Harvey, 791 F.2d 294, 300 (4th Cir.1986) ("[I]n the process of determining whether disputed plea agreements have been formed or performed, courts have necessarily drawn on the most relevant body of developed rules and principles of private law, those pertaining to the formation and interpretation of commercial contracts."). Unless intended by both parties, terms or conditions should not be read into a plea agreement. State v. Compton, 366 S.C. 671, 678, 623 S.E.2d 661, 665 (Ct. App.2005). Until performance occurs, parties are free to withdraw their offers. Reed, 333 S.C. at 687, 511 S.E.2d at 402.

A plea agreement is only an "offer" until the defendant enters a court-approved guilty plea. Id. at 688, 511 S.E.2d at 403. A defendant accepts the "offer" by pleading guilty. Id. Until formal acceptance has occurred, the plea is not binding on the defendant, the State, or the court. Id. This general rule is subject to a detrimental reliance exception. Custodio v. State, 373 S.C. 4, 11, 644 S.E.2d 36, 39 (2007); Reed, 333 S.C. at 688, 511 S.E.2d at 403. The fact that an agreement was oral does not prevent possible enforcement. Id. Absent a plea of guilt, a defendant may enforce an oral plea agreement upon a showing of detrimental reliance. Id. Even if the agreement has not been finalized by the court, a defendant's detrimental reliance on a promise in plea-bargaining may make a plea binding. Id. A defendant who provides beneficial information to law enforcement can be said to have relied to his detriment. Id.

State prosecutors are obligated to fulfill the promises they make to defendants when those promises serve as inducements to defendants to plead guilty. Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). South Carolina has recognized the principles set forth in Santobello; when an accused pleads guilty upon the promise of a prosecutor, the agreement must be fulfilled. See Sprouse v. State, 355 S.C. 335, 338, 585 S.E.2d 278, 280 (2003); State v. Thrift, 312 S.C. 282, 292, 440 S.E.2d 341, 347 (1994); see also State v. Mathis, 287 S.C. 589, 592, 340 S.E.2d 538, 540 (1986) ("The public interest of encouraging settlement of criminal cases without necessity of trial favors permitting an accused to plead guilty to the offense charged without prejudicing his position if it is later withdrawn.") (quoting State v. Wright, 103 Ariz. 52, 436 P.2d 601, 604-05 (1968)).

However, a defendant may not attempt to create a firm commitment out of plea negotiations. State v. Whipple, 324 S.C. 43, 49, 476...