State v. Peterson

• Decision Date: 18 December 2013
• Docket Number: No. DA 12–0079.,DA 12–0079.
• Parties: STATE of Montana, Plaintiff and Appellee, v. Bryce Everett PETERSON, Defendant and Appellant.
• Court: Montana Supreme Court

372 Mont. 382

314 P.3d 227

STATE of Montana, Plaintiff and Appellee,

v.Bryce Everett PETERSON, Defendant and Appellant.

No. DA 12–0079.

Supreme Court of Montana.

Submitted on Briefs Sept. 18, 2013.

Decided Nov. 5, 2013.

Rehearing Denied Dec. 18, 2013.

For Appellant: Sarah Chase Rosario, Helena, Montana.

For Appellee: Timothy C. Fox, Montana Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana, William Fulbright, Ravalli County Attorney, Hamilton, Montana.

Justice LAURIE McKINNON delivered the Opinion of the Court.

¶ 1 Bryce Everett Peterson appeals from the District Court's Opinion & Order, filed December 14, 2011, denying his Motion to Withdraw Alford Pleas. We affirm in part, reverse in part, and remand for further proceedings.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 In November 2008, the State charged Peterson with the felony offenses of aggravated kidnapping, aggravated assault, assault with a weapon, intimidation, and aggravated burglary, and also the misdemeanor offense of partner or family member assault, second offense. The affidavit filed in support of the charges alleges that on October 17, 2008, Peterson arrived at the house of his sometime girlfriend H.P., and kicked in the door. Once inside Peterson began assaulting H.P., hitting her and forcing her to the floor where he continued the assault for an extended period of time. Peterson forced H.P. into his truck and began driving, calling a hospital to report that H.P. had overdosed on medication. When H.P. attempted to cry out for help Peterson punched her in the head and continued to slap her. Peterson prevented H.P. from getting out of the truck, slamming her head into the interior before pulling off onto a side road in a remote area and telling H.P. he was taking her where no one would ever find her.

¶ 3 Peterson then took H.P. to his home where he continued to assault her. A Deputy arrived to check on H.P.'s safety but when he knocked on the door Peterson held a gun to her face and demanded that she be quiet. The Deputy, hearing nothing from inside the house, left. Peterson then began making phone calls and H.P. eventually escaped the house and was able to report what had happened to her.

¶ 4 Law enforcement officers surrounded Peterson's house. He refused to leave and made threats to kill specific officers who he could see outside. Peterson surrendered after about 18 hours and was taken to the hospital for an evaluation and then to jail. He retained an attorney to represent him.

¶ 5 In November 2008 the District Court ordered that Peterson be transferred to the Montana State Hospital for a mental evaluation to determine his fitness to proceed. Peterson was at MSH for two months after which treating professionals filed a report on his condition. They concluded that he did not suffer from a mental disease or defect, that he was fully capable of understanding the proceedings against him and of assisting in his own defense, and that he was fit to proceed to trial. The MSH report also concluded that Peterson had been fully capable of forming the “requisite state of mind” at the time of the offenses and of appreciating the criminality of his behavior. On February 4, 2009, the District Court found that Peterson was competent to stand trial.

¶ 6 Peterson's attorney retained a psychiatrist to conduct an independent evaluation. The defense psychiatrist evaluated Peterson and issued a report in July 2009 concluding that Peterson suffered from bipolar disorder, but that he was competent to stand trial. The defense psychiatrist concluded that Peterson had the ability to act with knowledge or purpose at the time of the offenses, although his ability to appreciate the criminality of his conduct was diminished by a mood disorder.

¶ 7 At a hearing in August 2009 the District Court granted the State's motion for leave to introduce evidence of prior instances in which Peterson had assaulted other women and H.P. At that same hearing the defense filed a brief questioning Peterson's competency to proceed. The District Court heard argument and testimony on the competency issue, including testimony from Peterson. The District Court noted that Peterson presented articulate, logical and coherent testimony about his personality disorders, the medications that addressed them, and the therapeutic significance of dosage levels. The District Court concluded that nothing was presented to alter the conclusions of the professionals that Peterson had been capable of forming the required criminal intent at the time of the offenses, and that he was competent to stand trial.

¶ 8 On September 10, 2009, a day before trial was scheduled to begin, Peterson and his attorney appeared before the District Court to enter Alford pleas to all the charged offenses. An Alford plea arises from the decision in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) and is recognized by statute in Montana. Section 46–12–212, MCA. An Alford plea allows a defendant to plead guilty to an offense without acknowledging his guilt. State v. Locke, 2008 MT 423, ¶ 18, 347 Mont. 387, 198 P.3d 316.

¶ 9 Peterson and his attorney signed and filed a multi-page pleading captioned “Alford Plea and Waiver of Rights” in which Peterson affirmed his desire to voluntarily enter the pleas and that there was no plea agreement. Peterson acknowledged that he was giving up a variety of rights, including the chance of being convicted of lesser included offenses and the chance of appeal on all issues except the voluntariness of the plea. He affirmed that he was satisfied with the services and competency of his attorney and that they had discussed the merits of the case and possible defenses. He affirmed that he was competent to enter the plea and did not suffer any emotional or mental disability that would make him unsure about what he was doing. He specifically explained in a handwritten passage that he wished to enter an Alford plea because he did not want to plead guilty but had determined that it was in his “best interests to avoid trial.” He affirmed that he believed that a jury would find him guilty beyond a reasonable doubt.

¶ 10 Thereafter the District Court read the allegations for the charges of aggravated kidnapping and aggravated assault. Peterson entered Alford pleas to both charges. When the District Court read the allegations related to the charge of assault with a weapon, Peterson injected: “I can't do this. I can't do this. No, I'm not guilty of that. I'm not guilty of this.” The District Court explained the nature of an Alford plea and Peterson responded that he understood that it was in his best interest to enter a plea because the “cards have been stacked against” him by the prosecution, apparently referring to prior rulings on evidentiary issues. The District Court then recessed the proceeding.

¶ 11 When the proceeding resumed some 20 minutes later, Peterson announced that he wanted two issues addressed: he requested an evaluation of his medication dosage and he requested that there be specific language in the plea documents stating that he maintained his innocence. Peterson agreed that the medication issue could be addressed after the plea proceeding, and he entered Alfordpleas to the remaining charges. The District Court explained the possible penalties for the offenses as well as requirements for violent offender registration and restitution obligations. The District Court again informed Peterson of the rights to trial that he was giving up and Peterson said that he understood. He affirmed that there were no assurances of leniency given in exchange for his pleas, nor was any force, threat or improper tactic used to obtain his pleas. Peterson's attorney told the District Court that he believed that Peterson was competent to enter the pleas and that his medication complaints did not affect his ability to understand the proceeding.

¶ 12 Peterson affirmed that his communication with his attorney was “as good as could be” and that they had disagreed about some things. He stated that he still did not understand how he could maintain his innocence and still enter an Alford plea. The District Court explained that an Alford plea is like a guilty plea but without agreement that he committed every element of each offense. Peterson stated again that he believed that there was “no defense” for him because the prosecutor had lied to the court to obtain favorable evidentiary rulings. Even so, Peterson stated that it was “absolutely” in his best interests to plead to the charges rather than to go to trial.

¶ 13 Peterson's attorney summarized the time he had spent on the case, noting a couple dozen personal meetings and close to 100 telephone calls. The attorney affirmed that they discussed the evidence, including discussions involving the defense investigator.

¶ 14 Peterson then affirmed that it was his choice to go ahead with the pleas instead of going to trial and provided a detailed and rational explanation of his medication issues. The District Court then found that there was a factual basis for the charges, based upon the facts set out in the affidavit filed in support of the motion for leave to file the information against Peterson. The District Court found that Peterson entered the pleas knowingly, voluntarily and intelligently. The District Court accepted the Alford pleas.

¶ 15 The District Court conducted sentencing hearings on October 23 and November 13, 2009, and received testimony about the crimes and about Peterson's mental state. Peterson admitted to a history of abusing women but claimed he was suffering from a mental disease or defect at the time of the prior events. Mental health professionals from the Montana State Hospital testified that while Peterson had a personality disorder and abused cannabis, he did not suffer from a mental disease or defect. The defense psychiatrist testified that he believed that Peterson had bipolar...