State v. Hilton
Decision Date | 23 July 1979 |
Docket Number | No. 14608,14608 |
Citation | 597 P.2d 1171,36 St.Rep. 1314,183 Mont. 13 |
Parties | STATE of Montana, Plaintiff and Respondent, v. Thomas Craig HILTON, Defendant and Appellant. |
Court | Montana Supreme Court |
Byron W. Boggs argued, Anaconda, for defendant and appellant.
Mike Greely, Atty. Gen., Helena, Chris Tweeten argued, Asst. Atty. Gen., Helena, John N. Radonich, County Atty., Anaconda, Kevin A. Campana argued, Deputy County Atty., Anaconda, for plaintiff and respondent.
This appeal is from an order of the District Court for Deer Lodge County denying defendant's motion to withdraw a plea of guilty to the charge of first degree murder.
Defendant confessed that on October 12, 1973, he forced Elwood Maney, a resident of Anaconda, into the trunk of a car, drove him into the surrounding countryside and shot him. After his arrest, he entered a plea of not guilty and gave notice of his intention to rely on the defense of mental disease or defect. He was then committed to Warm Springs State Hospital for examination and testing. While at the hospital, he was examined by Dr. M. F. Gracia, a psychiatrist, who found him competent to stand trial, able to appreciate the criminality of his conduct and capable of conforming his conduct to the requirements of law. Due to behavioral problems at the hospital he was transferred to the State Prison at Deer Lodge where he was examined by Dr. Dean Beismeyer, a clinical psychologist. Dr. Beismeyer agreed with Dr. Gracia's findings regarding defendant's competency to stand trial but testified that in 1973, he felt there was "a very good question about his ability to be (criminally) responsible." Dr. Beismeyer's report did not influence Dr. Gracia to alter his opinion. In addition, defendant was examined by Dr. Vern Cressey a psychiatrist who had previously treated him. Dr. Cressey's report concurred with Dr. Gracia's.
After the psychiatric reports were filed, defendant withdrew his plea of not guilty and pleaded guilty to first degree murder on March 27, 1974. Although no transcript of these District Court proceedings is available, the minute entry is as follows:
In September 1978, defendant filed pro se motions for additional psychiatric examination, appointment of counsel and for vacation of his guilty plea and sentence. From the motion it is clear that defendant desires to stand trial and rely on the defense of mental disease or defect. Counsel was appointed and advised defendant that his guilty plea would have to be withdrawn before trial could take place. A hearing on the matter was held in November 1978, before the Honorable Robert Boyd in the District Court for Deer Lodge County.
Dr. Beismeyer testified that he now felt there was a "very high probability" that defendant suffered from a mental disease "at the instance of the crime" and that when the crime was allegedly committed, he did not appreciate the criminality of his conduct and was not able to make his conduct conform to the requirements of law. Defendant testified that he pleaded guilty for three reasons: (1) He was afraid to return to Anaconda for trial because of fear of personal injury to himself. (2) He had formed an intimate relationship with another inmate at the prison and his main concern at the time was to continue the relationship. (3) At the time he was unable to effectively communicate with the appointed psychiatrists and psychologists but is now able to accept his possible insanity.
Judge Boyd found, concluded and ruled as follows:
The sole issue faced by this Court is whether the District Court erred in denying defendant's motion to withdraw his guilty plea. We hold it did not.
Section 46-16-105(2) MCA provides:
"At any time before or after judgment the court may, for good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted."
Such requests are addressed to the sound discretion of the trial court and are subject to review only where an abuse of discretion is shown. State v. Pepperling (1978), Mont., 582 P.2d 341, 345, 35 St.Rep. 1072, 1078.
Various circumstances surrounding the entry of a plea, mandate withdrawal of a guilty plea.
A plea may be withdrawn if defendant is persuaded or coerced into pleading guilty by his attorney, State v. Nicholas (1912), 46 Mont. 470, 472-473, 128 P. 543, 544, or if the plea is entered involuntarily or by one not competent to know the consequences of his action or by one who is induced to plead guilty by "fear, persuasion, promise or ignorance." State ex rel. Foot v. District Court et al. (1928) 81 Mont. 495, 504, 263 P. 979, 982. Likewise, if the plea is entered because of mistake or apprehension, it may be withdrawn. State v. McAllister (1934), 96 Mont. 348, 353, 30 P.2d 821, 823. The thread which runs...
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State v. Deserly
...243 Mont. 252, 256, 792 P.2d 7, 10 (1990), State v. Nelson, 184 Mont. 491, 496, 603 P.2d 1050, 1053 (1979), State v. Hilton, 183 Mont. 13, 17, 597 P.2d 1171, 1173 (1979), State v. Campbell, 182 Mont. 521, 525, 597 P.2d 1146, 1148 (1979), State v. Huttinger, 182 Mont. 50, 55, 595 P.2d 363, 3......
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...prior deprivations of constitutional rights. Gordon , ¶ 23 ; State v. Wheeler , 285 Mont. 400, 948 P.2d 698 (1997) ; State v. Hilton , 183 Mont. 13, 597 P.2d 1171 (1979), overruled on other grounds in State v. Deserly , 2008 MT 242, 344 Mont. 468, 188 P.3d 1057 (After pleading guilty, a def......
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