Van Riper v. State
| Decision Date | 30 September 1994 |
| Docket Number | No. 93-187,93-187 |
| Citation | 882 P.2d 230 |
| Parties | (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Supreme Court of Wyoming |
| Court | Wyoming Supreme Court |
Courtney J. Van Riper, pro se.
Joseph B. Meyer, Atty. Gen., Sylvia Lee Hackl, Deputy Atty. Gen., and D. Michael Pauling, Sr. Asst. Atty. Gen., for appellee.
Before GOLDEN, C.J., THOMAS, MACY and TAYLOR, JJ., and CARDINE, J. (Retired).
Appellant Courtney James Van Riper appeals from his conviction for felony larceny by bailee.
We affirm as modified.
Appellant presents eight issues:
I. Whether defendant was denied the Sixth Amendment right to the assistance of counsel at trial and sentencing after initially asserting the right to self representation but on the same day, and well in advance of trial, advised the trial court of an unambiguous desire for counsel and an inability to proceed at trial without counsel?
II. Whether defendant made a voluntary waiver of the Sixth Amendment right to jury trial by executing a written waiver which stated that without counsel he could not proceed with selection of a jury?
III. Whether defendant was denied the Sixth Amendment Confrontation Clause right to impeach the State's primary witness when the district court denied pretrial defense motions for the taking of handwriting exemplars from the witness prior to trial, and at the time of cross-examination?
IV. Whether the trial court erred in denying motions to suppress oral statements obtained by arresting police officers prior to formal arrest but after physical seizure which was based on less than probable cause?
V. Whether a district court has jurisdiction to order--or may the State obtain any process--seizing, attaching, or levying against a defendant's funds or bank account in satisfaction of prosecution costs or restitution when those funds are exempt under Title 38 U.S.C. § 5301(a)?
VI. Whether the Wyoming Constitution permits imposition of institutional jury costs on a criminal defendant?
VII. Whether a defendant's Fourteenth Amendment Due Process Clause and Sixth Amendment Confrontation Clause rights are violated when the oral pronouncement of sentence is altered by the written judgment and sentence mittimus?
VIII. Whether a defendant's Fourteenth Amendment due process rights are violated when sentence is imposed based in part upon materially false information provided by the prosecutor?
On November 30, 1992, Appellant told a salesman at Tyrrell Chevrolet in Cheyenne, Wyoming, that he would like to look at an economy car. The salesman showed him a 1985 Chrysler New Yorker and allowed him to test drive the car. Appellant failed to return with the car. The salesman notified his supervisor, and later that afternoon they advised the Cheyenne Police Department that the car had been stolen. A police officer entered the car's vehicle identification number into the NCIC computer system.
In January 1993, Tyrrell Chevrolet received an unsigned, handwritten letter which stated:
Dear T[y]rrell Chevrolet,
I would just like to thank you for the Chrysler New Yorker, especially [the salesman]. I only have one question[.] [D]oes the car have any warranty left, otherwise the car runs great, it gets 35 miles to the gallon. Once again thank you.
Sincerely,
?
ps. It's also great for off road use.
On February 2, 1993, deputies of the Hillsborough County sheriff's office in Tampa, Florida, questioned Appellant while they were investigating an unrelated offense. According to the deputies, that afternoon they went to a lounge which was located in Tampa, and they asked the manager to send Appellant outside to the parking lot. When Appellant came out, one of the deputies asked him for identification, and Appellant gave him an altered pilot's license. The deputy advised Appellant of his Miranda rights and asked him how he had gotten to the lounge and where he was staying. Appellant said that he had come by cab and that he did not know the name of his motel.
The second deputy observed a Chrysler New Yorker, with pilot's wings on its front license plate, which was backed into the bushes at the edge of the parking lot. Appellant was wearing a pilot's jacket and pilot's wings on his belt buckle. The deputy conducted an NCIC search for the rear license plate number, and the search revealed that the plate had been issued to a vehicle which was listed as being stolen and whose description did not match that of the Chrysler New Yorker. The first deputy asked Appellant if he could pat him down for weapons, and Appellant said: "[T]hat would be fine." Appellant, telling the deputy that it contained keys, reached into his right front pocket. He removed the keys, and a set of car keys with the Chrysler logo was among them. The second deputy asked Appellant whether the car was his, and Appellant admitted that he had stolen the Chrysler New Yorker from a car dealership in Cheyenne, Wyoming. The first deputy advised Appellant a second time of his Miranda rights and placed him under arrest.
Appellant waived his right to have an extradition hearing, and he was returned to Wyoming. Appellant was charged on February 5, 1993, with felony larceny by bailee in violation of WYO.STAT. § 6-3-402(b) and (c)(i) (1988). He requested that an attorney be appointed, and the Laramie County Court appointed the Public Defender to represent him. Appellant subsequently replaced the Public Defender with private counsel.
On April 5, 1993, Appellant filed a "Defendant's Notice of Self-Representation" which stated:
NOTICE is hereby given that COURTNEY J. VAN RIPER, defendant named in the above styled criminal matter, hereby invokes his Sixth Amendment right to self-representation under Faretta v. California, 422 U.S. 806 [95 S.Ct. 2525, 45 At that time, Appellant informed the district court:
L.Ed.2d 562] (1975); and W.Dist.Ct.R. 101(a). Defendant shows, in furtherance of W.S. § 7-6-107, that: (1) he is fo[ ]rty-five years of age; (2) is college educated and has completed an accredited course in paralegal science; and (3) has extensive and successful experience in criminal law at the state through federal district to Supreme Court levels.
On April 16, 1993, the district court granted Appellant's request to represent himself and postponed the trial date from May 3, 1993, until June 7, 1993. Appellant filed a "Termination of Counsel" on that date which stated:
I, hereby terminate [private counsel] as my attorney in the above-entitled matter and direct that he immediately cease all efforts in my behalf.
I realize that I have future Hearings in this matter and that it is my responsibility to get new counsel.
Later on that same day, Appellant informed the district court that he wanted to hire another attorney before trial. The district court provided Appellant with a list of attorneys' names and addresses.
On April 30, 1993, the district court held a motions hearing, and the following exchange occurred:
The district court released Appellant's $5,000 cash bond on May 5, 1993, in order to permit Appellant to pay to retain an attorney.
On June 2, 1993, Appellant filed a "Motion for Order Rescheduling Trial." He requested an additional thirty-day postponement because, in part, "defendant has been unable to engage competent counsel for trial." The next day, the district court held a hearing on Appellant's motion, and the following colloquy occurred:
Your motion before the court is to delay the trial date. Now the grounds that you allege are that you need more information. It seems to me that we've taken care of that.
....
I'm inclined to go forward.
I'm impressed with your ability. You seem to know what you're doing. I'm not too concerned about you being prejudiced On the date of the trial, Appellant, having failed to retain counsel, filed a "Waiver of Trial by Jury." He was found guilty after a bench trial of one count of felony larceny by bailee. The district court sentenced him to serve a term in the Wyoming State Penitentiary of not less than six years nor more than nine years and ordered him to pay $2,491 in witness expenses, $2,760 in restitution, $50 to the crime victims' compensation account, and $360 in jury fees.
by going to trial next week. You have a pretty good handle on what is going on.
Appellant claims that he was deprived of his right to have couns...
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