Elledge v. State

706 So. 2d 1340, 1997 WL 574744
CourtSupreme Court of Florida
DecidedSeptember 18, 1997
Docket83321
StatusPublished
Cited by23 cases

This text of 706 So. 2d 1340 (Elledge v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elledge v. State, 706 So. 2d 1340, 1997 WL 574744 (Fla. 1997).

Opinion

706 So.2d 1340 (1997)

William D. ELLEDGE, Appellant,
v.
STATE of Florida, Appellee.

No. 83321.

Supreme Court of Florida.

September 18, 1997.
Rehearing Denied March 5, 1998.

*1342 Richard L. Jorandby, Public Defender, Richard B. Greene, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Appellant.

Robert A. Butterworth, Attorney General, Carolyn M. Snurkowski, Assistant Deputy Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We have on appeal a trial court order imposing the death sentence upon William D. Elledge following resentencing. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm.

In 1974, Elledge confessed to a weekend of crimes which included the rape and murder of Margaret Anne Strack and the murder and robbery of Edward Gaffney and Kenneth Nelson.[1] Elledge pled guilty to the murder and robbery of both Nelson and Gaffney and to the rape and murder of Strack. He was sentenced to life imprisonment for the Nelson and Gaffney murders, and in March 1975, he was sentenced to death for the murder of Strack.

This Court reversed and remanded his case for resentencing in Elledge v. State, 346 So.2d 998 (Fla.1977). On remand, Elledge was again sentenced to death, and that sentence was affirmed by this Court in Elledge v. State, 408 So.2d 1021 (Fla.1981). Elledge's subsequent motion for post-conviction relief and a state habeas corpus petition were denied in Elledge v. Graham, 432 So.2d 35 (Fla.1983). However, Elledge received federal habeas relief in Elledge v. Dugger, 823 F.2d 1439 (11th Cir.), reh'g granted in part, 833 F.2d 250 (11th Cir.1987). Elledge's third sentencing proceeding was held in 1989 and he was again sentenced to death. That death sentence was vacated in Elledge v. State, 613 So.2d 434 (Fla.1993).

Elledge's fourth sentencing proceeding took place in November 1993 and is the subject of the instant appeal. The jury recommended death by a vote of nine to three. The trial judge found four aggravating circumstances,[2] no statutory mitigating circumstances, and three nonstatutory mitigating circumstances[3] to which he attributed little weight cumulatively. Finding that the mitigating circumstances were substantially outweighed by the aggravating circumstances, the trial court sentenced Elledge to death. Elledge raises twenty-seven issues in this appeal.[4]

*1343 Elledge first argues that the trial court erred by denying his motion to withdraw his 1975 guilty plea in light of Koenig v. State, 597 So.2d 256 (Fla.1992).[5] We disagree. Florida Rule of Criminal Procedure 3.170(j) (1973), which governed the taking of guilty pleas in 1975, stated:

Responsibility of Court on Pleas. No plea of guilty or nolo contendere shall be accepted by a court without first determining, in open court, with means of recording the proceedings stenographically or by mechanical means, that the circumstances surrounding the plea reflect a full understanding of the significance of the plea and its voluntariness, and that there is a factual basis for the plea of guilty.

The following excerpt is from the plea colloquy which occurred between Elledge and the court in March 1975:

THE COURT: Is the defendant going to enter a plea of guilty as to both counts in the Indictment?
MR. McCAIN [DEFENSE COUNSEL]: That's correct.
THE COURT: Will the defendant and his attorney approach the bench, please? Is that what you want to do, Mr. Elledge?
THE DEFENDANT: Yes, sir.
THE COURT: When you plead guilty to a charge, Mr. Elledge, you are admitting the truth of the facts alleged by the State in this Information. Do you understand that?
THE DEFENDANT: Yes, sir.
THE COURT: Of course, when you plead not guilty, you deny that.
You do understand that you are entitled to have a trial by jury—
THE DEFENDANT: Yes.
....
THE COURT: Mr. Elledge, under the law, you could be sentenced to a sentence of death in this charge of first degree murder. Do you understand that?
THE DEFENDANT: Yes; I do.
....
[THE COURT:] On Count I, murder in the first degree, Mr. Elledge, the Court doesn't have any choice, if you are sentenced to life instead of death. That is the only two sentences on that offense. So the Court can't put you on probation, or anything lesser than that. Do you understand that?
THE DEFENDANT: Yes, I do.
THE COURT: You are represented by Mr. McCain, who is standing here with you. Have you discussed fully with him your case, and told him everything that you know about it?
THE DEFENDANT: Yes, sir.
THE COURT: Has Mr. McCain discussed with you any defenses that might be available in the case?
THE DEFENDANT: Yes; we have.
THE COURT: Has he given you the benefit of his advice?
THE DEFENDANT: Yes.
THE COURT: Are you satisfied that Mr. McCain has represented you the best *1344 he can, and done what could be expected of him?
THE DEFENDANT: Yes; I am.
THE COURT: Is anybody forcing you to plead guilty?
THE DEFENDANT: No.
....
THE COURT: Has anybody promised you anything in any way, that you are going to be rewarded in any fashion, or you are going to get probation or leniency, or a life sentence like if you plead guilty?
THE DEFENDANT: No; they haven't.
....
[THE COURT:] Knowing that you could be sentenced to death for this crime of murder in the first degree, Mr. Elledge, do you still wish to plead guilty? Mr. Elledge, do you still wish to plead guilty?
THE DEFENDANT: Yes; I do.
THE COURT: Knowing you could be sentenced to life in prison, or any number of years with a minimum of 30 years on the rape in Count II, do you still wish to plead guilty to that?
THE DEFENDANT: Yes.
THE COURT: The Court will make the finding that William Duane Elledge knows what he is doing; that he intelligently, understandingly and advisingly wishes to plead guilty to the charge of murder in the first degree as alleged in Count I of this Indictment; and plead guilty to the charge of rape as alleged in Count II of this Indictment.
The Court, therefore, accepts these pleas and they shall be so entered.
....
[THE COURT:] Accordingly, based upon your plea and the factual testimony presented here, the Court will adjudge you to be guilty of the crime of murder in the first degree as alleged in Count I.
The Court will hereby adjudge you to be guilty of the crime of rape as alleged in Count II.

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Bluebook (online)
706 So. 2d 1340, 1997 WL 574744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elledge-v-state-fla-1997.