Boyd v. United States

703 A.2d 818, 1997 D.C. App. LEXIS 267, 1997 WL 746363
CourtDistrict of Columbia Court of Appeals
DecidedDecember 4, 1997
DocketNos. 94-CF-579, 94-CO-1572, 96-CO-768 and 97-CO-728
StatusPublished
Cited by3 cases

This text of 703 A.2d 818 (Boyd v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd v. United States, 703 A.2d 818, 1997 D.C. App. LEXIS 267, 1997 WL 746363 (D.C. 1997).

Opinion

SCHWELB, Associate Judge:

On April 5, 1994, Anthony Boyd entered a plea of guilty to both counts of a two-count indictment charging him with distribution of heroin and with possession of heroin with intent to distribute it (PWID), in violation of D.C.Code § 33-541(a)(l) (1993). He was sentenced to serve two concurrent terms of imprisonment for from ten to thirty years, with each sentence including a ten-year mandatory minimum. The trial judge ordered that the two concurrent terms be served consecutively to any other sentence.1

On direct appeal from his convictions,2 Boyd contends, inter alia, that the trial judge participated in plea negotiations in violation of Super Ct.Crim. R. 11(e)(1), and that the judge’s intervention induced Boyd’s plea of guilty. Although the ease is a close one, we conclude that Rule 11 was violated and that the violation affected Boyd’s substantial rights. Accordingly, we reverse.

I.

THE TRIAL COURT PROCEEDINGS

Boyd and his eodefendant, Steven Barge, were arrested on June 2, 1993 and charged with distribution and PWID. The distribution charge arose from the sale by Barge to an undercover police officer of heroin which Boyd was orally advertising by its street brand name. The PWID charge was based on the recovery by the police of a bag which Barge dropped to the ground before his arrest, and which was found to contain heroin.

Boyd and Barge were indicted by a grand jury on June 17, 1993, and their case was subsequently assigned to a master drug calendar. A defendant who is so assigned has an opportunity to negotiate a plea bargain only until he receives a “final” plea offer from the prosecution. If he declines that offer, then no further plea offer is extended, and the case is reassigned from the master calendar to a trial calendar.

In conformity with master drug calendar procedures, the government extended plea offers to both Boyd and Barge. The offers were “wired,” which meant that each offer was contingent on the acceptance by both defendants of the terms offered by the government. Although Barge was apparently willing to accept the plea offer, Boyd was not. There having been no agreement on a plea, the case was certified to the trial judge, Honorable Evelyn E.C. Queen, for disposition of pretrial motions and for trial.

The trial judge heard and denied the defendants’ motions to suppress evidence and identification. The judge then asked the prosecutor whether sentencing enhancement papers had been filed. In response to the judge’s inquiry, the prosecutor served on Boyd’s attorney informations alleging that Boyd had two prior felony convictions, that he was a repeat drug offender, and that he [820]*820was subject, upon conviction, to a mandatory minimum sentence of ten to thirty years on each count. See D.C.Code §§ 22-104(a) (1996); 33-548 and 33-541(c) (1993). Boyd’s attorney did not contest the accuracy of the informations, and it thus became apparent that Boyd was confronting the possibility that he would have to serve a very long term of imprisonment.

Following the foregoing illumination of what was at stake for Boyd, the judge inquired:

Counsel, I assume you’ve explained all this to your clients and they understood when they rejected — -I believe it was Judge Hamilton they were first before — and they rejected all [plea] offers, that all bets were off. Right?

Barge’s attorney replied that his client had not had an opportunity to accept the “wiréd” plea offer because Boyd had declined to enter a guilty plea. Boyd’s counsel stated that he had not represented Boyd “through the plea calendar.” The judge then remarked that, “as I understand the new rules you cannot plead at this point.” The prosecutor explained:

Your Honor, they can always plead to the charges in the indictment. I suppose Mr. Boyd’s hope would be to get a concurrent sentence to the ten years [he’s] already facing.[3]
Mr. Barge’s hope, I guess, would be to get the addict exception so he’s out from under the mandatory 7. But at this point the government — under this new system is not allowed to actually make him a plea offer.
THE COURT: Okay. And of course [Boyd’s counsel], you explained to him when you got certified over here what my sentencing structure is like?
[BOYD’S COUNSEL]: Well, I haven’t had a chance to tell him yet, your Honor.
THE COURT: You might as well tell him. That here “concurrent” is a word I rarely use.
[BOYD’S COUNSEL]: You’re talking about if they lose at trial, your Honor. Right?
THE COURT: If they lose at trial “concurrent” is a word I rarely use after a trial.

(Emphasis added.) Following this colloquy, which disclosed to Boyd that if he was convicted at trial, he would in all probability be facing aggregate consecutive mandatory minimum sentences of thirty years, the judge recessed the proceedings for lunch.

After the luncheon recess, Boyd’s counsel announced that his client would enter a guilty plea. Because the government would not extend any plea offer to either defendant, Boyd agreed to plead to the indictment. During the course of the Rule 11 inquiry that followed, Boyd acknowledged the truth of the prosecutor’s proffer of evidence, and he admitted his guilt of the offenses charged. In response to the judge’s questions, Boyd also stated that he was “clear-headed” and “sober,” that he had discussed his options with his attorney, that he understood' that by pleading guilty he was giving up certain specified constitutional rights, that he knew that he could be incarcerated for life, that he had not been threatened in any way to induce his plea, that nobody had promised him what his sentence would be, and that he was pleading guilty of his own free will. The judge formally accepted Boyd’s plea, and she subsequently sentenced Boyd to concurrent terms of ten to thirty years,' which were to be served consecutively to the sentence previously imposed by Judge Mize.4 Boyd filed a timely notice of appeal.

II.

RULE 11(e)(1)

Rule 11(e)(1) of the Superior Court’s Rules of Criminal Procedure provides in pertinent part that “[t]he prosecutor and the attorney [821]*821for the defendant ... may engage in discussions -with a view towards reaching [a plea] agreement....” The Rule further states that “[t]he Court shall not participate in any such discussions.”5 The principal question in this ease is whether the trial judge violated the foregoing prohibition.

“[T]he main purpose underlying Rule 11 is to prevent coerced guilty pleas.” German v. United States, 525 A.2d 596, 602 (D.C.), cert. denied, 484 U.S. 944, 108 S.Ct. 331, 98 L.Ed.2d 358 (1987).6 Rule 11(e)(1)

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Cite This Page — Counsel Stack

Bluebook (online)
703 A.2d 818, 1997 D.C. App. LEXIS 267, 1997 WL 746363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-united-states-dc-1997.