State v. Hall

• Decision Date: 12 August 2011
• Docket Number: No. 102,203.,102,203.
• Citation: 257 P.3d 263
• Parties: STATE of Kansas, Appellee,v.Christopher Dwayne HALL, Appellant.
• Court: Kansas Supreme Court

257 P.3d 263

STATE of Kansas, Appellee,

v.Christopher Dwayne HALL, Appellant.

No. 102,203.

Supreme Court of Kansas.

Aug. 12, 2011.

Syllabus by the Court

1. A defendant cannot take a direct appeal from a conviction flowing from a guilty plea. Such defendant must first file a motion to withdraw plea in the district court. If that motion is denied, a direct appeal may follow. The defendant's failure to file a motion to withdraw plea in the district court in this case deprives this court of appellate jurisdiction.

2. A guilty plea does not surrender a defendant's right to appeal a sentence or deprive an appellate court of jurisdiction to review a challenge to that sentence. The defendant's challenge to his sentence for first-degree murder in this case is rejected as without merit.

Nancy Ogle, of Ogle Law Office, L.L.C., of Wichita, argued the cause, and was on the brief for appellant.Jason E. Geier, assistant district attorney, argued the cause, and Chadwick J. Taylor, district attorney, and Steve Six, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by BEIER, J.:

Defendant Christopher Dwayne Hall attempts to appeal after entering guilty pleas to six felonies and one misdemeanor in Shawnee County. Hall challenges his competency to enter a plea and to be sentenced. Hall also alleges that the district judge did not properly advise him of the maximum penalty for first-degree murder. We dismiss Hall's appeal of his convictions for lack of jurisdiction. We affirm his sentence on the merits.

A brief review of the factual and procedural background is necessary to understand the context of our decision.

Hall was charged with aggravated battery, two counts of attempted murder in the first-degree, conspiracy to commit aggravated robbery, murder in the first-degree, aggravated indecent liberties with a child, and criminal desecration of a body. The charges stemmed from two different sets of events.

On December 25, 2006, Hall and his two brothers went to the home of Michael Joseph Delaney with plans to rob Delaney. One of them hit Delaney with a hammer, and another hit Jennifer Leigh Hughes, Delaney's girlfriend, with another hammer. Hall later returned with one of his brothers, and the two of them hit Delaney and Hughes with the hammers again, including hitting each in the head. They then removed a safe from Delaney's apartment.

About 2 weeks earlier, Hall had sex with a minor, N.W.; strangled her; and hid her body in a closet. Hall and his brothers then transported N.W.'s body in a trash can to Lake Shawnee, poured gasoline on the body, and lit it on fire. Hall's DNA ultimately was found inside N.W.

The district court conducted a hearing on Hall's competency on December 5, 2007, when the parties stipulated to a November 29, 2007, evaluation report. The report determined that Hall was incompetent to stand trial, and the district judge agreed. The judge ordered Hall committed to Larned State Security Hospital for evaluation, treatment, and care.

While Hall was at Larned, Dr. David Landers completed a forensic evaluation on Hall. His report, dated May 23, 2008, determined that Hall was competent to stand trial and assist in his own defense. Larned discharged Hall on May 28, 2008.

The district judge held a second competency hearing on the consolidated cases on June 18, 2008. The parties stipulated to the Landers report, and the district judge found Hall competent to stand trial.

Thirteen months later, Hall's counsel filed a motion for mental examination pursuant to K.S.A. 22–3219 and K.S.A. 22–4508. K.S.A. 22–3219 deals with the defense of lack of mental state by reason of mental disease or defect at the time of the charged crime or crimes. K.S.A. 22–4508 deals with the procedure to obtain funds for expert or other services for a criminal defendant. Neither statute deals with a defendant's competence to stand trial or assist counsel. Nevertheless, in his motion, counsel noted that he had experienced difficulty communicating with Hall and that he was unsure Hall fully comprehended counsel's advice or the severity of the situation. The motion requested that Dr. George Hough perform an additional psychological evaluation of Hall. The district court granted the motion for evaluation.

Hough completed his evaluation of Hall on September 18, 2008. Based on his review of the case records, including the two earlier reports, as well as his own interview, Hough concluded that Hall probably suffered from paranoid schizophrenia, major depression, dissociative disorder, and antisocial personality disorder. Hough described Hall as “flagrantly psychotic” and “barely interviewable.” Hough concluded that Hall was “clearly very psychiatrically impaired” but that “there was also evidence from the testing ... that Mr. Hall is also embellishing his symptom presentation.”

Apparently lacking an understanding of his limited role in this case, i.e., support for a mental disease or defect defense, Hough also opined on Hall's competency to stand trial. Hough stated: “Despite his level of severe disturbance, he does know that he has been charged with a serious crime and the potential consequence he faces if found guilty; he knows the roles and functions of the officers of the Court; and he has a working relationship with his attorney.” Hough concluded that Hall was competent to stand trial.

One day after Hough drew his conclusions but before those conclusions reached the parties or the district judge, Hall pleaded guilty on all counts charged. The plea agreement specifically stated that there were no agreements as to sentencing and set out the sentencing range for each count. The agreement also stated that first-degree murder was “an ‘off-grid’ person felony with a sentence of ‘life’ ” and a presumption that the sentence would be served in prison. In the agreement, Hall affirmed that he had discussed his legal options with his attorney, that it was his own voluntary decision to accept the plea, and that he was not under duress or coercion. He further affirmed:

“My mind is clear and I am not presently under the influence of alcohol or drugs or under a doctor's care for mental, emotional, or psychological conditions which would in any way affect my ability to make a reasoned and well-informed judgment or decision, and I know of no reason why my mental competence at the time of the commission of these offense[s] or at the present time should be questioned. I am satisfied that I am in full possession of my faculties and well able to make sound and reasoned decisions as to what is in my best interest.”

In addition, Hall affirmed that he understood the contents of the plea agreement and the consequences of his plea.

At the plea hearing, Hall confirmed in court that he had been given a chance to review the plea agreement with his attorney; that he had signed the written plea agreement; that he understood the agreement; and that he intended to be bound by the agreement. During the plea hearing, the district judge went through each count and the sentencing guidelines range for each offense with Hall. For murder in the first-degree, the judge informed Hall the offense was an off-grid felony with a sentence of life, served in the custody of the Secretary of Corrections. The judge also confirmed that Hall understood the rights he was waiving by entering a plea of guilty. Hall's counsel went through each count and the factual basis for each count with Hall. On the count of murder in the first-degree, when asked if he committed the crime, Hall at first answered: “I don't know.” After further conversation with his counsel, Hall eventually answered “yes” when asked again. The judge also asked Hall if he was under the influence of alcohol or drugs, or a doctor's care for mental, emotional, or psychological conditions that would affect his ability to make a decision. Hall informed the court he was on Celexa, Benadryl, Thorazine, Trazodone, and Toradol. But he said that he met with his attorney, reviewed the agreement, and made an informed decision to enter a plea.

The judge found that Hall had been fully advised of his rights and understood those rights he was waiving by entering a plea. The district court specifically found Hall competent to enter his plea and found him guilty on all counts.

Hall was sentenced to a hard 50 for the first-degree murder. On the two counts of attempted murder in the first-degree, the district judge sentenced Hall to 246 months and 165 months. On the counts of aggravated indecent liberties, sexual intercourse with a victim 14 to 15 years of age, and aggravated robbery, the judge sentenced Hall to 61 months each. On the count of conspiracy to commit aggravated robbery, the court sentenced Hall to 34 months, and on the count of desecration of a body, the judge sentenced Hall to 12 months. The sentences on all counts...