State v. Hawkins

• Decision Date: 15 February 1990
• Docket Number: No. 18099,18099
• Citation: 117 Idaho 285,787 P.2d 271
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Gary Joe HAWKINS, Defendant-Appellant.
• Court: Idaho Supreme Court

Page 271

787 P.2d 271

117 Idaho 285

STATE of Idaho, Plaintiff-Respondent, v. Gary Joe HAWKINS, Defendant-Appellant.

No. 18099.

Supreme Court of Idaho.

Feb. 15, 1990.

Robert E. Kinney, Orofino, for defendant-appellant.

Jim Jones, Atty. Gen., Peter C. Erbland, Sp. Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.

BOYLE, Justice.

The defendant-appellant, Gary Joe Hawkins, was brought to trial on charges of murder of the first degree, burglary of the first degree, and grand theft arising out of the bludgeoning murder of Anna E. Christensen. Shortly after the state rested its case, but prior to the defense presenting its case, Hawkins entered pleas of guilty to all three charges. Three days later, Hawkins filed a motion to withdraw those guilty pleas. The district court, after careful and extensive inquiry, denied the motion on the basis that the pleas of guilty to the three charges were knowingly, freely, intelligently and voluntarily entered. Hawkins appealed the district court's denial of his motions. The Court of Appeals affirmed the decision of the trial court, 115 Idaho 719, 769 P.2d 596, and we thereafter accepted a petition for review.

On January 11, 1986, Anna E. Christensen, a seventy-two-year-old Lewiston woman, was bludgeoned to death in her home. Hawkins and an accomplice were charged with her murder and with taking approximately $235.00 in cash, some food stamps, cigarettes, and a bracelet from the victim's home. Initially Hawkins was charged with murder of the second degree, however, that charge was amended to murder of the first degree after he voluntarily waived extradition and was returned to Idaho from North Carolina. He was also initially charged with burglary of the first degree, grand theft, and conspiracy to commit burglary. Prior to trial the conspiracy charge was dismissed and Hawkins was tried on the three remaining counts.

At the time the charges were originally filed against Hawkins, he was seventeen years of age, and his eighteenth birthday occurred during trial.

Jury selection took five days and an additional seven days were required to present the state's case. The evidence at trial consisted of approximately sixty exhibits and testimony from nearly thirty witnesses, one of whom was an alleged accomplice. After the state rested its case, and while confined in the Nez Perce County Jail over the weekend prior to the commencement of defendant's case, Hawkins attempted to suborn perjurious testimony from a fellow inmate at the jail. The inmate reported this incident to the police and the district court allowed the state to reopen its case to present this evidence. Shortly after the testimony of the inmate, Hawkins conferred with counsel and family members and then moved to withdraw his not guilty pleas and he plead guilty to all three charges.

Due to the serious nature of the charges, the lengthy penalties involved, and the youth of the defendant, it is necessary to carefully review the procedures followed by the trial court judge prior to accepting Hawkins' change of plea to the three charges. A review of the trial transcript reveals that the district judge carefully and extensively inquired of Hawkins concerning his decision to change his plea and plead guilty to the three charges. The district judge inquired whether the defendant wanted additional time to further consider his decision or to talk with his attorney, to which Hawkins replied that he did not. The district judge then inquired whether there had been any promises made to him, to which Hawkins answered in the negative. It was during this point in the proceedings that the prosecutor confirmed on the record that he would not seek consecutive sentences on the three charges and that he would not file additional charges against Hawkins on three other potential cases, one of which was the alleged subornation to commit perjury.

The district judge then discussed in detail with Hawkins the consequences of pleading guilty to the charges, and the effect of not continuing with the trial. The district judge informed Hawkins that by pleading guilty he would waive certain constitutional rights including his right to a jury trial, his right to require the state to prove his guilt on each material element beyond a reasonable doubt, his right against self-incrimination, and that he would waive his right to present witnesses and evidence in his own defense by pleading guilty. The district judge also informed Hawkins that by pleading guilty he subjected himself to the maximum punishments allowed for each of the respective charges, and inquired into Hawkins' age and level of education. Hawkins was advised that the district judge was not bound by any promises or representations made by the prosecution. Hawkins was also asked by the district judge whether he was pleading guilty only because the state indicated it would not file additional charges against him, to which the defendant replied that he was not, but that he was tired and the state had proved its case.

After further discussing the ramifications of pleading guilty to the three charges, the trial court once again asked Hawkins if he still desired to plead guilty and to terminate the trial. Hawkins responded that he desired to plead guilty and that he was satisfied with the representation of his attorney.

Only after this extensive colloquy did the trial court accept the guilty pleas, terminate the trial, excuse the jury, and order a pre-sentence investigation.

Three days later, and prior to the sentencing hearing, Hawkins filed a motion to withdraw his pleas of guilty. At the same time, defense counsel filed a motion requesting that he be allowed to withdraw as attorney for defendant because Hawkins had given an interview to the news media during which he stated that his attorney's representation had been inadequate. Counsel's motion to withdraw was granted and new counsel was appointed to further represent the defendant. Hawkins then filed a motion for a psychiatric evaluation to determine his mental competency at the time he changed his pleas. This motion was granted and Hawkins was examined by a psychiatrist.

At the hearing on Hawkins' motion to withdraw his guilty pleas he asserted that he was suffering from exhaustion on the day he changed his pleas to guilty and raised a question concerning his fitness to make the decision. Hawkins further testified that he was physically ill on the day he entered his pleas of guilty, that he had slept poorly the previous night, had not eaten properly, and was experiencing chest pains and stomach sickness. Hawkins also testified that when he plead guilty to the murder of the first degree charge he was under the impression he was actually pleading to murder of the second degree.

The psychiatrist appointed to determine Hawkins' competency responded on cross-examination that Hawkins "was likely competent to have entered his plea," however, his decision making process was significantly influenced by his emotional condition and depressed mood. The psychiatrist testified that Hawkins' decision making process at the time he entered his pleas was influenced by his emotional condition and that the pleas were made in an attempt to provide himself with emotional relief more than any other factor. However, the psychiatrist testified that Hawkins was competent at the time, notwithstanding the emotional turmoil he was experiencing, and that he understood the nature of the charges pending against him and that he knowingly, voluntarily and intelligently entered the pleas of guilty at the time he changed his pleas.

After hearing all the evidence, the trial court denied defendant's motion to withdraw his guilty pleas on the basis that the pleas were entered voluntarily, knowingly and intelligently. We affirm the judgment entered upon defendant's pleas, and uphold the prison sentences imposed.

I.

Before a trial court accepts a plea of guilty, the record must show that the plea has been made knowingly, intelligently and voluntarily, and the validity of a plea is to be determined by considering all the relevant circumstances surrounding the plea as contained in the record. State v. Colyer, 98 Idaho 32, 557 P.2d 626 (1976). As provided in Colyer, whether a plea is voluntary and understood by a defendant requires inquiry into three basic areas. The first is whether the defendant's plea was voluntary in the sense that he understood the nature of the charges and was not coerced. Secondly, whether the defendant knowingly and intelligently waived his rights to a jury trial, to confront his accusers, and to refrain from incriminating himself. Thirdly, it must be determined whether the defendant understood the consequences of pleading guilty. 98 Idaho at 34, 557 P.2d at 628 (1976). In Colyer we stated "[I]t is clear that the voluntariness of a guilty plea can be determined by considering all the relevant surrounding circumstances contained in the record." 98 Idaho at 34, 557 P.2d at 628.

At the hearing on the motion to withdraw the guilty pleas, the district judge heard testimony from a variety of sources. Various officers from the county jail testified concerning Hawkins' condition at the time of confinement. Hawkins' former attorney described the negotiations and discussions that preceded the guilty pleas and the psychiatrist testified concerning Hawkins' competency. Based on this testimony and his observations of Hawkins during trial, the district judge found that Hawkins was capable of making a rational, knowing and intelligent decision at the time the pleas were entered. Furthermore, he found that Hawkins understood each of the charges against him, including murder of the first degree and that the pleas had not been induced by any promises or coercion.

Having carefully reviewed the record and the transcripts, we are of the opinion that the trial court's findings of fact are supported by substantial, competent evidence. The record fully...