State v. Hensley

• Decision Date: 19 July 1995
• Docket Number: No. 93-1538,93-1538
• Citation: 534 N.W.2d 379
• Parties: STATE of Iowa, Appellee, v. James J. HENSLEY, III, Appellant.
• Court: Iowa Supreme Court

Page 379

534 N.W.2d 379

STATE of Iowa, Appellee, v. James J. HENSLEY, III, Appellant.

No. 93-1538.

Supreme Court of Iowa.

July 19, 1995.

Linda Del Gallo, State Appellate Defender, and Annette L. Hitchcock, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Richard K. Bennett and Julie Brown, Asst. Attys. Gen., and Kevin Parker, County Atty., for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.

McGIVERIN, Chief Justice.

Defendant James J. Hensley, III seeks further review of the court of appeals decision affirming his conviction, following a jury trial, of second-degree theft in violation of Iowa Code sections 714.1(4) and 714.2(2) (1993). Defendant argues that: (1) the trial court erred in admitting into evidence his statements allegedly obtained in violation of his right to counsel under the United States and Iowa Constitutions; and (2) the evidence was insufficient to support his conviction. Like the court of appeals, we conclude that the trial court erred in admitting into evidence defendant's statements because they were obtained in violation of his right to counsel, but that the erroneous admission was harmless beyond a reasonable doubt. We also conclude that the evidence in support of the conviction was not only substantial but overwhelming. Accordingly, we affirm the court of appeals decision and the judgment of the district court.

I. Background facts and proceedings.

On May 14, 1993, sheriff's deputy Roger Lettington was dispatched with respect to an outstanding arrest warrant for the defendant James J. Hensley, III. ¹ Upon nearing an intersection, deputy Lettington observed defendant and defendant's friend, Robert Krebs, leaning on a motorcycle that was sitting in the intersection. As deputy Lettington approached, defendant and Krebs began to rapidly walk away, with Krebs pushing the motorcycle. Deputy Lettington ordered them to stop, and the two returned to his patrol car.

At this time, deputy Lettington noticed that the ignition of the motorcycle had been altered and that the motorcycle did not have a license plate. Deputy Lettington then called for back-up. As he did so, defendant fled and Krebs attempted to push the motorcycle to his residence. A subsequent check on the vehicle identification number revealed that the motorcycle was stolen. Following an investigation, defendant was arrested and charged with second-degree theft of the motorcycle. See Iowa Code §§ 714.1(4), 714.2(2).

At his initial appearance on June 12, 1993, defendant Hensley requested counsel. He completed an application for appointment of counsel and returned it to the jailer. On June 14, the clerk of court technician received the application and the judge approved it, appointing counsel to represent Hensley. The technician made a docket entry on June 15 that Hensley was appointed counsel.

Later on June 15, deputy Lettington visited Hensley at the county jail. He informed Hensley of his Miranda rights and asked him if he had spoken with an attorney regarding the theft charge. Hensley replied he had requested an attorney. At this time neither Hensley nor deputy Lettington knew that the judge had appointed counsel to represent defendant.

Lettington then questioned defendant about whether he knew that the motorcycle was stolen. At trial, deputy Lettington testified as to defendant's responses as follows:

Q: And did you [deputy Lettington] ask Mr. Hensley whether or not he knew it was stolen?

A: I asked him that, yes.

Q: And what was his response to you?

A: He stated that--during the questioning I asked him if he felt due to the fact that the motorcycle's ignition switch had been tampered with and the license plate was missing [he] felt it was stolen, and he stated that he felt it was stolen, yes.

Q: [Did] Mr. Hensley indicate to you where he thought the motorcycle came from?

A: He indicated that he had no idea where it came from. He stated that he felt it was probably stolen. However, he indicated that he wasn't--wasn't the one who actually stole it.

Through several motions, defendant sought to suppress these statements he had made to deputy Lettington at the jail. He argued that at the time of the questioning his constitutional right to counsel had attached, and that the questioning violated that right. Defendant's motions were denied, and the State presented the statements to the jury during trial. The jury returned a verdict of second-degree theft, and the district court entered judgment and sentence upon the verdict.

Defendant appealed, arguing that: (1) the trial court erred in admitting into evidence his statements to deputy Lettington allegedly obtained in violation of his rights guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution and by article I, section 10 of the Iowa Constitution; and (2) the evidence was insufficient to support his conviction of second-degree theft.

The State countered, arguing that even though defendant's statements to deputy Lettington were obtained after his constitutional right to counsel had attached and therefore improperly admitted at trial, the error was harmless. The State also argues that, besides defendant's statements, it presented overwhelming evidence for the jury to conclude beyond a reasonable doubt that defendant is guilty of second-degree theft.

Agreeing with the State, the court of appeals affirmed defendant's conviction.

We granted defendant's application for further review. See id. § 602.5106(2).

II. Harmlessness of the admission of defendant's statements obtained in violation of his constitutional right to counsel.

Defendant's main contention on appeal is that his conviction was based on statements obtained in violation of his right to counsel under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution and article I, section 10 of the Iowa Constitution. Based upon our de novo review of the totality of the circumstances as shown by the entire record, see State v. Cook, 530 N.W.2d 728, 731 (Iowa 1995), we conclude that defendant's Sixth Amendment right to counsel was violated ², but that the court's erroneous admission into evidence of statements obtained in violation of that right was harmless beyond a reasonable doubt.

A. The elements of second-degree theft. Defendant was charged with and later convicted of second-degree theft in violation of Iowa Code sections 714.1(4) and 714.2(2). Section 714.1(4) defines theft as "[e]xercis[ing] control over stolen property, knowing such property to have been stolen, or having reasonable cause to believe that such property has been stolen."

In order to prove defendant guilty of theft of the motorcycle under this section, the State was required to establish beyond a reasonable doubt that the motorcycle was stolen, that the defendant possessed or exercised control over it, and that at the time he exercised such control, he knew or had reasonable cause to believe that the motorcycle was stolen. Iowa Code § 714.1(4); State v. Robinson, 288 N.W.2d 337, 338-40 (Iowa 1980).

As part of its proof regarding the third element, whether defendant knew or had reasonable cause to believe that the motorcycle was stolen, the State offered statements defendant made to deputy Lettington that he "felt the motorcycle was stolen." Defendant contends that these statements were obtained after his constitutional right to counsel had attached, that counsel was not present when he made the statements, and therefore that the trial court's failure to suppress these statements requires reversal of his conviction.

We examine each of defendant's arguments in turn, setting forth additional facts when necessary.

B. Attachment and violation of Sixth Amendment and state constitutional right to counsel. The Sixth Amendment to the United States Constitution, made applicable to the states through the Fourteenth Amendment, and article I, section 10 of the Iowa Constitution guarantee an accused the right to have the effective assistance of counsel for the accused's defense. Gideon v. Wainwright, 372 U.S. 335, 342-43, 83 S.Ct. 792, 795-96, 9 L.Ed.2d 799, 804 (1963); State v. Lowder, 256 Iowa 853, 859-60, 129 N.W.2d 11, 15 (1964), cert. denied, 380 U.S. 965, 85 S.Ct. 1110, 14 L.Ed.2d 155 (1965); State v. Aldape, 307 N.W.2d 32, 41 n. 4 (Iowa 1981). ³ This constitutional right to counsel attaches at or after the initiation of adversary proceedings against the defendant, whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. United States v. Gouveia, 467 U.S. 180, 187, 104 S.Ct. 2292, 2295-96, 81 L.Ed.2d 146, 153 (1984); Kirby v. Illinois, 406 U.S. 682, 689, 92 S.Ct. 1877, 1882, 32 L.Ed.2d 411, 417 (1972); State v. Evans, 495 N.W.2d 760, 764 (Iowa 1993). A formal charge may include the filing of a complaint and procuring of a warrant prior to the filing of a trial information or indictment, depending, in part, on the level of prosecutorial involvement. Evans, 495 N.W.2d at 764-65 (citing State v. Jackson, 380 N.W.2d 420, 423 (Iowa 1986); State v. Johnson, 318 N.W.2d 417, 432-35 (Iowa), cert. denied, 459 U.S. 848, 103 S.Ct. 106, 74 L.Ed.2d 95 (1982)).

The State concedes that defendant's Sixth Amendment and Iowa constitutional right to counsel had attached by the time deputy Lettington questioned defendant on June 15 and therefore was violated. With the State's concession, no purpose would be served by further analysis of the scope or application of the Sixth Amendment right to counsel. We conclude that defendant's right to counsel had attached when deputy Lettington questioned him and that defendant was not represented by counsel during the questioning. We therefore agree with the court of appeals ruling that his Sixth Amendment and Iowa constitutional right to counsel was violated and his statements to the deputy should have been suppressed. See Michigan v. Jackson, 475 U.S. 625, 106 S.Ct. 1404, 89...