State v. Price

• Decision Date: 14 December 1995
• Docket Number: No. 930605-CA,930605-CA
• Citation: 909 P.2d 256
• Parties: STATE of Utah, Plaintiff and Appellee, v. Billy Joe PRICE, Defendant and Appellant.
• Court: Utah Court of Appeals

Page 256

909 P.2d 256

STATE of Utah, Plaintiff and Appellee, v. Billy Joe PRICE, Defendant and Appellant.

No. 930605-CA.

Court of Appeals of Utah.

Dec. 14, 1995.

Ronald W. Perkins, Ogden, for Appellant.

Thomas B. Brunker and Jan Graham, Salt Lake City, for Appellee.

Before DAVIS, BENCH and BILLINGS, JJ.

OPINION

DAVIS, Associate Presiding Judge:

Defendant Billy Joe Price appeals his conviction for murder, a first degree felony, pursuant to Utah Code Ann. § 76-5-203 (1995). ¹ We affirm.

I. FACTS

We recite the facts in a light most favorable to the jury's verdict. State v. Hancock, 874 P.2d 132, 133 (Utah App.), cert. denied, 883 P.2d 1359 (Utah 1994).

Katherine Scott was the estranged girlfriend of defendant. The two had lived together in Salt Lake City for approximately two years and had a child together (Char'ee). However, their relationship ended when Scott moved to Ogden about two months before her murder.

At approximately 9:00 p.m. on January 4, 1992, defendant and Scott talked on the telephone without incident. Later that evening, Scott dropped Char'ee off at Scott's grandmother's house (Jesse Anderson) and went to a movie with Tony Hairston. Anderson received a phone call from defendant who, upon learning that she had Char'ee, asked if he could come pick her up. ² Anderson refused. Defendant then told Anderson to have Scott call him when she returned.

After Scott picked up Char'ee, defendant called again. When he found out that Anderson had forgotten to tell her to return defendant's phone call, defendant went searching for Scott. Realizing that defendant sounded angry on the phone, Anderson called Scott to tell her that defendant was on his way to her apartment, but did not reach her.

After pulling up in front of her apartment, Scott went inside, leaving Hairston and Char'ee in the car. At this time, defendant pulled up behind Scott's car and walked past it, making eye contact with Hairston. When Scott emerged from her apartment, defendant began yelling at her. Hairston turned down the radio and partially rolled down his window so that he could hear the conversation between the two. Scott asked defendant what he was "tripping off of" and, at that point, defendant pulled out his gun and shot Scott in the head. After Scott fell to the ground, defendant, aiming both times for her head, shot Scott twice more. Scott died at the scene.

After shooting Scott, defendant returned to his vehicle and drove to a gas station where he called 911. Defendant told the 911 dispatcher that he had just shot his girlfriend. The dispatcher kept defendant on the line until Officer Norman Hall arrived. Defendant, who was crying and visibly shaken, again told Officer Hall that he shot Scott. Defendant was placed under arrest by Officer Michael Cox, who then took defendant to the police station. While waiting for a detective to arrive, Officer Cox remained with defendant. At no point did Officer Cox question defendant regarding the shooting. When Detective Randy Lythgoe arrived, Officer Cox, defendant, and Detective Lythgoe went into Detective Lythgoe's office. After Detective Lythgoe uncuffed defendant's hands from behind his back and recuffed him to the chair so that he would be more comfortable, Detective Lythgoe informed defendant who he was, what he was there to do, and turned on a tape recorder. Defendant was then advised of his Miranda rights. Defendant verbally responded that he understood his rights and did not need an attorney present. Detective Lythgoe testified that at this time defendant was under control, was not crying, and did not appear to be under the influence of any controlled substance.

Part way through the interview, Detective Lythgoe asked defendant if he had any questions. Defendant responded that "I realize I done something bad here, you know, but I don't want to get railroaded." Detective Lythgoe reminded defendant that he had been advised of his rights and asked defendant, "Is there any doubt in your mind that you know what your rights are?" Defendant replied, "Yeah. I'm giving up a whole lot of them." Detective Lythgoe again admonished defendant that he did not have to talk to the officers and that "you're doing this all of your own free will and choice. You know that you can have an attorney present during questioning." Nonetheless, at no time during the interview with Detective Lythgoe did defendant state that he wanted to remain silent or have an attorney present.

After the conclusion of the taped interview, defendant gave a typed statement. Defendant sat next to Detective Marci Vaughn, who typed defendant's statement. Defendant could see the computer screen and the text being entered. At the top of the computer screen was a typed version of the Miranda warning. Not only was defendant given the opportunity to read this statement, but Detective Lythgoe also read it to him. Once the typed statement was completed, defendant reviewed it and made the necessary corrections.

Defendant was charged with aggravated murder, a capital offense, pursuant to Utah Code Ann. § 76-5-202 (1995), and possession of a dangerous weapon by a restricted person, a third degree felony, pursuant to Utah Code Ann. § 76-10-503(3) (1995). Although defendant was initially represented by private counsel, Martin Gravis of the Public Defender Association of Weber County, Inc. ³ (Public Defenders) was subsequently appointed to represent him. Stephen Laker, also with Public Defenders, was involved at this time as co-counsel to Gravis, but only for the penalty phase of the trial. Defendant subsequently fired Gravis due to differences of opinion regarding the way the case should proceed. ⁴

On August 3, 1992, defendant was brought before the trial court to discuss appointing a new attorney. Defendant requested that John Caine represent him. Caine was also under contract with the Public Defenders. Prior to his appointment, Caine stated that he had a relationship with the victim's family, both as a friend and as a legal representative. Notwithstanding, Caine informed the court that he did not feel this relationship would inhibit his ability to act as a zealous advocate for defendant. Defendant, aware of Caine's position, not only consented to but requested that Caine be appointed as his attorney. Several months later, however, and only days before the trial was to begin, Caine became aware of certain statements given by defendant to a psychiatrist who was evaluating defendant. Defendant apparently voiced concern that Caine was not actively representing his interests and that his involvement with Scott's family was most likely interfering with his ability to adequately represent defendant. As a result, Caine felt it best that he withdraw as counsel. ⁵ During a discussion with the court, although defendant briefly mentioned Caine's relationship with Scott's family, his primary concern was the amicable relationship between Caine and the prosecutor. Without stating the underlying grounds for doing so, the trial court allowed Caine to withdraw as defendant's counsel and again attempted to appoint defendant an attorney.

When discussing with the court the possibility of appointing another public defender, defendant claimed that he did not want to be represented by a public defender because they shared too close of a relationship with the prosecutor's office. However, the trial court admonished defendant that the public defenders were there to ensure that he received a fair trial and that they were "not in anybody's pocket." ⁶ Attorneys Stephen Laker and Robert Froerer, who were also under contract with the Public Defenders office, were ultimately appointed to represent defendant, and did so at his trial.

The jury convicted defendant of murder, a first degree felony, pursuant to Utah Code Ann. § 76-5-203 (1995). Defendant pled guilty to the possession of a firearm charge. Defendant appeals only the murder conviction.

II. ISSUES

Defendant raises numerous issues on appeal: (1) whether the trial court erred in denying defendant's motion to suppress his confession; (2) whether the trial court erred in denying defendant a change of venue; (3) whether the trial court erred in denying defendant's motion for a mistrial; (4) whether sufficient evidence existed to support defendant's murder conviction; (5) whether a conflict existed which prevented defendant's trial attorneys from representing him; and (6) whether defendant was denied the effective assistance of counsel.

III. ANALYSIS

A. Voluntariness of Confession

Defendant claims that the trial court erred in denying his motion to suppress his confession on the grounds that it was not voluntary. "[T]he ultimate determination of whether a confession is voluntary is a legal question, and we review the trial court's ruling for correctness." State v. Mabe, 864 P.2d 890, 892 (Utah 1993). Notwithstanding, we grant the trial court "a measure of discretion ... because of the variability of the factual settings." State v. Pena, 869 P.2d 932, 941 (Utah 1994). If a trial court has made factual findings regarding the voluntariness of the confession, we will not disturb them except for clear error. Mabe, 864 P.2d at 892.

Mabe provides us with the necessary analysis for determining whether a confession was voluntary: "The constitutional standard for determining the voluntariness of a confession requires that we independently review the entire record. From this review, we must conclude, based on the totality of circumstances, ... [whether defendant] rendered his confession voluntarily." Id.

In the case at bar, the totality of the circumstances supports the conclusion that defendant's confession was entirely voluntary. Detective Lythgoe observed that, at the time of the interview, defendant was in control of his faculties and did not seem to be under the influence of drugs. Detective Lythgoe also testified that " [e]verything [defendant] did, ... all of his expressions, everything, convinced...