State v. Collier, 95-194

• Decision Date: 20 June 1996
• Docket Number: No. 95-194,95-194
• Citation: 919 P.2d 376,277 Mont. 46,53 St.Rep. 534
• Parties: STATE of Montana, Plaintiff and Respondent, v. Mary-Helen COLLIER, Defendant and Appellant.
• Court: Montana Supreme Court

Page 376

919 P.2d 376

277 Mont. 46

STATE of Montana, Plaintiff and Respondent, v. Mary-Helen COLLIER, Defendant and Appellant.

No. 95-194.

Supreme Court of Montana.

Submitted on Briefs Jan. 18, 1996.

Decided June 20, 1996.

John Keith, Great Falls, for appellant.

Joseph P. Mazurek, Attorney General, Barbara Harris, Assistant Attorney General, Helena; Brant Light, Cascade County Attorney, Great Falls, for respondent.

NELSON, Justice.

Mary-Helen Collier was charged by information in the Eighth Judicial District Court, Cascade County, with solicitation of deliberate homicide. Pursuant to a plea agreement, Collier pleaded guilty to an amended charge of criminal endangerment. She was sentenced to eight years in the Women's Correctional Facility and designated a dangerous offender for purposes of parole eligibility. Collier appeals her sentence and the District Court's order denying her Motion to Dismiss for Lack of a Speedy Trial. We affirm.

Collier raises the following issues on appeal:

1. Did the District Court err in failing to dismiss the matter for lack of a speedy trial?

2. Did the District Court err in designating Collier a dangerous offender?

3. Did the District Court err in failing to find that Collier was unable to appreciate the criminality of her conduct?

4. Did the District Court err in ordering Collier to pay restitution?

5. Did the District Court err in permitting the County Attorney to argue facts at sentencing supporting the original charge of solicitation of deliberate homicide?

6. Did the District Court err in failing to release Collier or transfer her to a different detention facility due to conditions at the Cascade County jail?

Factual and Procedural Background

On September 27, 1993, Bridget Fackrell reported to the Great Falls Police Department that Collier had attempted to hire Fackrell and another individual to kill Collier's ex-husband, Evan Danno. Fackrell claimed that several months earlier, while she and Collier roomed together, Collier repeatedly stated that she wished to have Danno killed so that she could be rid of him.

In early September, prior to her report to the police, Fackrell travelled to Idaho to attend a funeral. She returned to Great Falls with two friends, Travis Moreland and Carlton Taylor. When Fackrell told Moreland and Taylor of Collier's desire to have Danno killed, Moreland suggested that they agree to do the job, take Collier's money, then warn Danno of Collier's plan.

Fackrell arranged a meeting between Collier, Moreland and Taylor wherein the parties agreed that Moreland would kill Danno as soon as Collier could arrange to be out of town with the children. Collier had recently moved back into Danno's home where she was residing with Danno and their two daughters. The plan called for Moreland to enter Danno's home early one morning while Collier and the children were away, kill Danno and make it look as though there had been a burglary. Collier agreed to pay Moreland $1500 to kill Danno.

A few days after the meeting, Collier informed Fackrell that she would be attending her uncle's funeral in Kalispell and that she wanted Danno killed while she and the children were gone. Prior to leaving town, Collier gave Fackrell a key to Danno's house, a personal check for $250, Collier's instant cash card, the security code to allow access to her account and instructions to withdraw $500 from the account. Collier had previously given Moreland a picture of Danno. Fackrell turned all of these items over to the authorities when she informed them of Collier's plan.

Collier was arrested in Kalispell on September 30, 1993. She was transferred to the Cascade County jail the following day and charged with solicitation of deliberate homicide, a felony, as specified in §§ 45-4-101 and 45-5-102(1)(a), MCA (1991). Her bail was set at $250,000.

The District Court determined that Collier was indigent and appointed Billy Miller, an attorney under contract to the Cascade County Public Defender's Office, to represent her. At her October 19, 1993 arraignment, Collier entered a plea of not guilty and the first of several trial dates was set. Over the next few months, several motions for reduction of bail were filed but each was denied by the District Court. Collier was unable to post bail and she remained in the Cascade County jail from October 1, 1993, until after her sentencing on January 13, 1995.

On December 6, 1993, Miller filed a motion in District Court to vacate and reset the trial date to allow him additional time to prepare Collier's defense. The District Court granted the motion and a second trial date was set. On December 14, 1993, Miller requested that the public defender's office appoint new counsel for Collier as Miller intended to leave his public defender position at the end of the year. The court appointed Marvin Anderson, also under contract to the public defender's office, to represent Collier.

Anderson filed a motion on February 8, 1994, requesting a psychiatric evaluation for Collier. However, in a handwritten letter addressed to the District Court Judge, Collier objected to a transfer to Montana State Hospital at Warm Springs for the evaluation. Anderson withdrew the motion a few days later. The District Court Judge received another handwritten letter from Collier on April 12, 1994, in which she complained of inadequate representation by counsel and requested that her trial be delayed.

On April 22, 1994, Anderson filed a motion for a psychiatric evaluation of Collier to be performed in Great Falls. The District Court granted the motion the same day. However, a few days later, Collier agreed instead to undergo a psychiatric evaluation at Montana State Hospital at Warm Springs.

Collier and nine other individuals filed a petition in federal district court to intervene in an action regarding the public defender system in Cascade County. On April 25, 1994, Anderson filed a motion with the court to continue the trial due to a scheduling conflict with Collier's civil case. The District Court granted Anderson's motion and the trial date was again reset.

On May 16, 1994, the chief public defender in Cascade County filed a motion to withdraw the public defender's office from representation of Collier and the nine other individuals who had petitioned the federal court for intervention. Two days later, an attorney independent of the public defender's office was appointed to represent Collier and trial was reset by order of the court. The County Attorney filed a motion on June 17, 1994, to reschedule the trial as the scheduled date fell on a Thursday. This motion was granted and trial was subsequently rescheduled.

Collier's attorney filed several motions on June 29, 1994, including a motion to dismiss the charge for lack of a speedy trial and a motion to release or transfer Collier from the Cascade County jail as the jail did not meet state standards. In addition a motion was filed on August 10, 1994, for authorization to hire an investigator and a psychologist. On September 21, 1994, the District Court, without a hearing, authorized Collier's counsel to incur up to $2000 in professional and investigative services.

The District Court scheduled a hearing for August 5, 1994, on the motion to dismiss for lack of a speedy trial and the motion to release or transfer Collier. This hearing was postponed until October 7, 1994. After hearing testimony, the District Court denied both motions.

Collier's attorney filed a motion on October 3, 1994, to transport Collier to Missoula for another psychiatric evaluation. The court granted the motion the same day.

On October 20, 1994, the State requested a continuance and the trial date was once again reset. At some time prior to this new trial date of December 12, 1994, the parties reached an agreement wherein the original charge of solicitation of deliberate homicide was amended to a charge of criminal endangerment, a felony, pursuant to § 45-5-207, MCA (1993). In the Acknowledgement of Waiver of Rights accompanying the plea agreement, Collier waived her right to plead not guilty and her right to be tried by a judge or a jury.

Collier entered a plea of guilty to the charge of criminal endangerment on December 9, 1994. She was sentenced on January 13, 1995, to eight years in prison and designated a dangerous offender for purposes of parole eligibility. In its sentencing order, the District Court recommended that if Collier is released on parole or supervised release before the completion of her full sentence, then such parole or supervised release should be subject to several conditions including payment of restitution and a supervision fee.

Issue 1.

Did the District Court err in failing to dismiss the matter for lack of a speedy trial?

Collier was arrested on September 30, 1993, and arraigned on October 19, 1993. After several continuances, a trial date of December 12, 1994, was set. But, a few days prior to trial, Collier entered into a plea agreement wherein she agreed to plead guilty to an amended charge of criminal endangerment. From the date of her arrest until after sentencing, Collier remained in custody at the Cascade County jail.

On June 29, 1994, after being in custody for more than 270 days, Collier filed a Motion to Dismiss for Lack of a Speedy Trial. In denying her motion, the District Court determined that most of the delay was attributable to Collier. Collier contends that this was error and that the State caused the majority of the delay.

The State, on the other hand, contends that Collier waived her right to raise the issue on appeal when she pleaded guilty. The State further contends that even if she did not waive her right to raise the issue on appeal, her right to a speedy trial was not violated.

This Court has previously stated that a plea of guilty that is voluntarily and understandingly made constitutes a waiver of nonjurisdictional defects and defenses, including claims of...