Finch v. Vaughn

67 F.3d 909, 1995 U.S. App. LEXIS 30983, 1995 WL 606022
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 31, 1995
Docket94-8597
StatusPublished
Cited by55 cases

This text of 67 F.3d 909 (Finch v. Vaughn) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Finch v. Vaughn, 67 F.3d 909, 1995 U.S. App. LEXIS 30983, 1995 WL 606022 (11th Cir. 1995).

Opinion

BIRCH, Circuit Judge:

In this habeas corpus ease, we determine whether a guilty plea was knowing, intelligent, and voluntary and resulted from ineffective assistance of counsel under the Fifth, Sixth and Fourteenth Amendments, when the petitioner pled guilty to state narcotics charges with the understanding that his state sentence would be concurrent with his federal sentence. The district court denied habe-as relief. We REVERSE and REMAND.

I. BACKGROUND

In September, 1988, petitioner, Charlie Finch, who was on parole for a federal sentence with approximately ten years remaining, was arrested on state cocaine charges in DeKalb County, Georgia. Thereafter, federal authorities filed a detainer against him for violating his parole. Finch hired Harvey Monroe as his defense counsel.

After selecting a jury, Monroe and the state district attorney engaged in plea negotiations. 1 These negotiations culminated in Monroe’s pleading guilty in return for a ten-year prison term to run concurrently with his previous federal sentence. Accordingly, a DeKalb County Superior Court judge sentenced Finch to a ten-year term of imprisonment “concurrent with any sentence that you are presently under, probation or parole.” R1-1D-8. At Monroe’s instigation, Finch specifically questioned the state trial judge concerning the meaning of “concurrent”:

MR. MONROE: I think Mr. Finch wants to ask a question.
MR. FINCH: Something I didn’t quite understand in this ease, Your Honor. Concurrent.
THE COURT: The same time. I will not make this consecutive to anything. You serve this at the time that you are serving any other sentence. If you get your parole revoked, this will be served at the same time.
MR. FINCH: That means that will be concurrent with the federal?
THE COURT: Yes, sir.
MR. FINCH: Okay.

Id. at 9 (emphasis added).

Although Finch was taken into federal custody briefly following his plea, federal authorities returned him to state custody that same day. Finch was sent to state prison to serve his state sentence. His remaining fed *912 eral sentence has been suspended until his release from state custody, at which time his federal parole will be revoked, and he will serve his federal sentence. Thus, the parole violation had the effect of tolling Finch’s federal parole and deferring service of the entire remaining sentence until after he completes his state term.

Following informal efforts to effectuate the state court’s concurrency stipulation as to his state and federal sentences, 2 Finch sought a state writ of habeas corpus on the grounds that his guilty plea based on a concurrent state and federal imprisonment term was involuntary, unintelligent, and ill-counseled. An evidentiary hearing was conducted in Baldwin County Superior Court. Finch testified as to his understanding of his sentence as a result of the plea bargain in response to questions by his present appellate attorney:

Q. Mr. Finch, when you pleaded guilty in DeKalb County in front of Judge Castella-ni, what was the plea bargain?
A. The plea bargain was that I pleaded guilty to ten years to run concurrent with any previous sentence.
Q. Did anyone tell you that the Superior Court might not have the power to enforce that sentence or effectuate that sentence?
A. No. I was under the impression that concurrent sentence, that’s what it meant, you know, that the sentence would run concurrent with the other.
Q. What did you anticipate would happen with your federal sentence?
A. Well, I thought that once I got the sentence saying it would run concurrent, then I would be released to the feds.
Q. Did that happen?
A. No, it didn’t.
Q. Why did you believe your federal parole would be revoked? Where did you get that idea that it would be promptly revoked?
A. I was under the impression that when I got a concurrent sentence then I would be released to the federal [authorities] due to the fact that they had already lodged a detainer on me.
Q. [D]id anyone tell you in connection with your DeKalb County plea or in any other connection, that the power to order concurrency did not belong to Judge Cas-tellani or to the State or the D.A.?
A. No, no one told me that.
Q. You thought that if the judge designated or stipulated that the sentences would be concurrent, they would be concurrent. Right? You had no reason to believe otherwise?
A. That’s what I thought:

R1-1H-11-12, 13 (emphasis added).

Monroe also testified at the evidentiary hearing in the state habeas court concerning his understanding of the concurrent sentence and the advice that he had given Finch in response to questions from the court, the state assistant attorney general, and Finch’s present counsel:

A. In an effort to help Mr. Finch — or I thought it was to help — Judge Castellani made his sentence run concurrent [with] anything, any sentence he was serving. And I think his words were whether it be parole or probation. But the problem, of course, we all — I think we all were aware of was we didn’t know whether the federal people would take custody of Mr. Finch and let him start serving that federal time so that the concurrent part of Judge Cas- tellani's sentence would have any meaning to it. We hoped they would, but subsequently, they did not. They merely placed a detainer with the intention of letting Mr. Finch sit there until his State time runs out and then taking him back into federal custody.
THE COURT: Was that a calculated risk y’all ran as a defense?
*913 WITNESS: We were well aware of it, yes.
THE COURT: Okay. Was Mr. Finch aware of it?
WITNESS: I certainly — certainly hoye so. I thought he was aware of it.
Q.

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Bluebook (online)
67 F.3d 909, 1995 U.S. App. LEXIS 30983, 1995 WL 606022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finch-v-vaughn-ca11-1995.