Steinhauser v. State

• Decision Date: 26 November 1969
• Docket Number: No. 69--281,69--281
• Citation: 228 So.2d 446
• Parties: Kenneth J. STEINHAUSER, Jr., Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 446

228 So.2d 446

Kenneth J. STEINHAUSER, Jr., Appellant, v. STATE of Florida, Appellee.

No. 69--281.

District Court of Appeal of Florida, Second District.

Nov. 26, 1969.

Lee R. Horton, Public Defender, and Robert R. Crittenden, Asst. Public Defender, Winter Haven, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for appellee.

McNULTY, Judge.

Appellant Kenneth J. Steinhauser, Jr., appeals to this Court from an order entered by the Highlands County Circuit Court, denying without hearing his motion, filed under CrPR 1.850, 33 F.S.A., to vacate two previous sentences of five years each in the State Prison, to run concurrently, imposed upon him on July 11, 1967.

The concurrent sentences aforesaid grew out of two informations filed in that Court on March 23, 1967. One information charged Steinhauser and three other named defendants with assault to commit first degree murder upon one Earl Gordon. The second information was identical with the first, except that the named victim was one Wayne Bass instead of Gordon. The offenses were alleged to have been committed on February 27, 1967.

Steinhauser, on April 4, 1967, was arraigned and entered pleas of not guilty to the informations. Thereafter on July 11, 1967, in open Court, he moved for permission to withdraw his previous pleas of not guilty, which was granted. He was thereupon separately arraigned again upon each information and pleaded guilty to each charge. The minutes of the Court, exemplified to us by the certified transcript of record on appeal, shows that the trial Court questioned Steinhauser closely regarding the voluntariness, etc., of his pleas of guilty in open Court, in the following language from the Court to Steinhauser, taken literally from the minutes:

'On these charges, Assault to Murder in the First Degree, Case Nos. 2988 and 2989 * * * you have entered a plea of guilty. Is that correct? Defendant answered yes. Are you at this time sick? Defendant answered no. Have you consulted with the Public Defender? Defendant answered yes. Do you wish to consult with him any more right now? Defendant answered no. Are you satisfied with his services? Defendant answered yes. Have you been fair with him in discussing these cases? Defendant answered yes. Do you think he has been fair with you? Defendant answered yes. Have you any complaints about the way he represented you? Defendant answered no. Are you in fact guilty of these charges? Defendant answered yes. You did not make a confession to the officers of the law in these cases? Defendant answered no. Were you promised anything by anyone if you did plead guilty. Defendant answered no. You understand you will not receive probation? Defendant answered yes.' (Italics supplied)

Thereafter on March 3, 1969, Steinhauser filed in the trial Court his motion to vacate and set aside the two judgments and sentences upon two grounds, the substance of which may be gleaned from his motion as follows:

'(First Question) That at the time the offences (sic) were committed the defendant was in the custody of law enforcement officers of Highlands County, and he, therefore, could not and did not commit the offences (sic) charged against him * * * That the defendant had been taken into custody prior to the assaults upon officers Gordan (sic) and Bass, the defendant at the time of the commission of such assaults upon officers Gordon and Bass was sitting in the rear of a law enforcement officer's automobile handcuffed under the custody of such law enforcement officers.

'(Second Question) That subsequent to his appointment, the Public Defender, and/or his assistants, conferred with the defendant on approximately five (5) occasions spanning a four month period of time. That on each of such occasions the Public Defender, advised the defendant that if he would plead guilty, he, the Public Defender, would have charges against a co-defendant by name of Verla Jane Frye dropped. That the said Verla Jane Frye was the girl-friend of the defendant who the defendant had brought with him from her home in California to Florida. That the said Public Defender, during such conferences repeatedly advised the defendant that it was impossible for him to successfully defend the defendant, the said Verla Jane Frye, and another co-defendant, at the same time, and he did advise the defendant that the only way to assure freedom of the said Verla Jane Frye was for the defendant to plead guilty to such charges.'

The first question aforesaid alleges an alibi of sorts. The second question alleges a kind of psychological duress practiced upon him by his Court-appointed lawyer as a result of which, he apparently contends, his guilty plea was not 'free and voluntary'. Under the facts in this case, which are patent in the record, we...