D.G. v. Commonwealth

355 S.W.3d 476, 2011 WL 5599628, 2011 Ky. App. LEXIS 228
CourtCourt of Appeals of Kentucky
DecidedNovember 18, 2011
DocketNo. 2011-CA-000298-ME
StatusPublished
Cited by1 cases

This text of 355 S.W.3d 476 (D.G. v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D.G. v. Commonwealth, 355 S.W.3d 476, 2011 WL 5599628, 2011 Ky. App. LEXIS 228 (Ky. Ct. App. 2011).

Opinion

OPINION

COMBS, Judge:

D.G., a juvenile, appeals the dispositional order of the Fayette Family Court that found him in contempt as well as adjudicating the underlying juvenile status offender order. After our review, we vacate both orders.

Throughout the proceedings at issue, D.G. was fourteen years of age. His mother filed a petition in August 2010 charging that D.G. was beyond her control. At the arraignment on August 26, the court and D.G.’s parents agreed to allow D.G. to live with his father. On September 9, 2010, D.G. appeared in court for a pre-trial conference. His father reported that D.G. was doing well in his home. The court asked if there were any stipulations, and D.G.’s counsel answered in the affirmative. The court replied, “I’m going to set your stipulation on the beyond control charge.”

At the disposition on September 30, D.G.’s father reported that D.G.’s attitude had improved and that he was doing well in school. However, on November 18, 2010, the court held a hearing relating to a contempt of court charge. D.G.’s school reported that he was behaving badly and was not doing any of his work. D.G. and his father had engaged in an altercation which resulted in an assault charge against the father. Because of a no-contact order, D.G. was temporarily residing with relatives. However, the relatives were unwilling to continue the living arrangement due to D.G.’s aggressive behavior and his refusal to obey rules. At that point, the court referred D.G. to the Detention Alternative Coordinator (a “DAC referral”) to find him a foster home. Until he was placed in that foster home, D.G. was housed in a detention center.

D.G. returned to court on December 9, 2010, for the pre-trial conference on the contempt charge. His counsel informed the court that D.G. wished to enter a guilty plea. The court accepted the plea by saying, “OK, so there’s a stipulation to the contempt charge. [D.], what’s your birthday?” The Cabinet of Health and Family Services reported to the court that D.G. was improving and making progress in his foster home. It recommended that he be committed to the Cabinet so that he could remain in the foster home and receive additional therapy. A mental health facility had performed an assessment of D.G. and had recommended out-patient treatment rather than residential treatment. D.G. had no relatives who were willing to accept him into their homes.

The disposition for the contempt charge was held on January 13, 2011. D.G.’s counsel argued that this matter should be treated as a dependency case because D.G. did not have any relatives who were willing to allow him into their homes. The Cabinet responded by stating that D.G. had created the situation by being a status offender and asked that he be committed to the Cabinet as a punitive measure. The court followed the Cabinet’s recommendation and committed D.G. This appeal follows.

[478]*478D.G.’s first contention is that the trial court improperly accepted his admission of guilt. We agree.

As a threshold matter, D.G. acknowledges that the error was not preserved and asks us to examine the issue for palpable error pursuant to Kentucky Rule[s] of Criminal Procedure (RCr) 10.26. The rule defines palpable error as one that has so affected the substantial rights of a party as to result in manifest injustice. A palpable error is one that “seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” Brock v. Commonwealth, 947 S.W.2d 24, 28 (Ky.1997). Since an improperly entered guilty plea certainly implicates manifest injustice, we will examine the merits of the issue.

Kentucky Revised Statute[s] (KRS) 610.010(11) authorizes the court to hold “a child in contempt of court to enforce valid court orders previously issued by the court[.]” (Emphasis added). KRS 600.020(61)(d) defines a valid court order in part as being one issued to a child “[w]ho received, before the issuance of the order, the full due process rights guaranteed by the Constitution of the United States.”

In order to satisfy due process, a guilty plea:

must represent a voluntary and intelligent choice among the alternative course [sic ] of action open to the defendant. ... The court must question the accused to determine that he has a full understanding of what the -plea connotes and of its consequences, and this determination should become part of the record. (Emphasis added.)

Centers v. Commonwealth, 799 S.W.2d 51, 54 (Ky.App.1990) (citations omitted). Courts ensure that the defendants’ pleas are voluntary by engaging in “an affirmative showing, on the record, that a guilty plea is voluntary and intelligent.” Boykin v. Alabama, 395 U.S. 238, 241-42, 89 S.Ct. 1709, 1711, 23 L.Ed.2d 274 (1969). This discussion between the court and the defendant is intended to establish that the defendant has a clear mind, understands his other options, comprehends the waiver of his rights, and is satisfied with the representation provided by his counsel.

Upon review, an appellate court must examine the totality of the circumstances surrounding the plea. Centers, supra. (citations omitted). In addition to the colloquy, those circumstances include the defendant’s demeanor, background, age, and experience. D.R. v. Commonwealth, 64 S.W.3d 292, 294 (Ky.App.2001).

Our courts have acknowledged that because of their minority status, children should be granted a heightened assurance of the protection of their constitutional rights within the justice system. Humphrey v. Commonwealth, 153 S.W.3d 854, 858-59 (Ky.App.2004). Guilty pleas are of special concern because they inherently include the waiver of several constitutional rights. D.R., supra. Therefore, a trial court may not accept a guilty plea from a juvenile without informing the juvenile of the rights that he is waiving. Kozak v. Commonwealth, 279 S.W.3d 129, 134 (Ky.2008). The Boykin colloquy must occur at the time that the court accepts the juvenile’s admission. N.K. v. Commonwealth, 324 S.W.3d 438, 443 (Ky.App.2010). This court has vacated a juvenile’s admission of guilt because of the failure of a trial court to fully explain the consequences of an admission prior to accepting it. D.R., supra.

In this case, the court did not engage D.G. in any sort of meaningful discussion concerning the consequences of his plea; nor did it determine or assure whether he made it voluntarily. At D.G.’s arraignment in August, the court explained to [479]*479D.G. that if he did not behave better, detention would be a possible outcome. Any other consequences of the plea were never mentioned again — most notably at the time that D.G. entered it. In fact, his admission of guilt was made by his counsel, who merely said, “yes” when the court asked if any stipulations were being made.

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Bluebook (online)
355 S.W.3d 476, 2011 WL 5599628, 2011 Ky. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dg-v-commonwealth-kyctapp-2011.