Griffith v. State

545 So. 2d 236, 1989 Ala. Crim. App. LEXIS 35, 1989 WL 31896
CourtCourt of Criminal Appeals of Alabama
DecidedFebruary 24, 1989
Docket8 Div. 165
StatusPublished
Cited by1 cases

This text of 545 So. 2d 236 (Griffith v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffith v. State, 545 So. 2d 236, 1989 Ala. Crim. App. LEXIS 35, 1989 WL 31896 (Ala. Ct. App. 1989).

Opinion

PATTERSON, Judge.

Appellant, Todd Griffith, was indicted on August 21, 1987, in a 16-count indictment. Five counts were for sexual abuse in the first degree, five for sodomy in the first degree, three for sexual abuse in the second degree, and three for sodomy in the second degree. §§ 13A-6-63, -64, -66, and -67, Code of Alabama 1975, respectively. The charges arose out of alleged sexual acts committed upon 4 young boys, one being under 12 years of age and 3 being over 12 but under 14 years of age. Appellant apparently was 22 or 23 at the time. On March 8, 1988, appellant pleaded guilty to one count of attempted sodomy in the first degree and three counts of sodomy in the second degree. On April 14, 1988, the trial court sentenced appellant to 20 years’ imprisonment on each of the four convictions, and ordered the sentences to run concurrently. Of the remaining counts, the state dismissed eight of them on March 7, 1988, and nol-prossed the others at the time the guilty pleas were entered. On June 1, 1988, appellant, having retained new counsel, moved the court to set aside the sentencing order on the ground that the sentences of 20 years for the second degree sodomy counts were in excess of those authorized by statute. The trial court agreed and granted the motion on the same day.

On June 20, 1988, just prior to resentenc-ing, appellant moved to withdraw his guilty pleas, claiming that his pleas had not been knowingly and voluntarily made, and that he had been denied effective assistance of counsel. An evidentiary hearing was held on this motion on July 6,1988. On July 15, 1988, the trial court denied the motion. The court then resentenced appellant to 20 years’ imprisonment for the conviction of attempt to commit sodomy in the first degree and 10 years for each of the 3 convictions for sodomy in the second degree. The sentences were ordered to run concurrently.

Appellant raises two issues on appeal. First, he contends that his guilty pleas were not knowingly and voluntarily made and, second, that he was denied his consti[237]*237tutional right to effective assistance of counsel. He argues that the trial court abused its discretion in denying his. motion to withdraw the guilty pleas.

It is within the sound discretion of the trial court to refuse withdrawal of a plea of guilty, and the denial of the motion will not be disturbed except where an abuse of judicial discretion is shown. State v. Holman, 486 So.2d 500 (Ala.1986); Dawson v. State, 44 Ala.App. 525, 215 So.2d 459 (1968), cert. denied, 283 Ala. 714, 215 So.2d 463 (Ala.1968). We cite, with approval, the general rule found in 22 C.J.S. Criminal Law § 421(3) (1961), as follows:

“In a proper case, the discretion of the court should be freely exercised to allow a withdrawal of a plea of guilty; it should be liberally exercised especially in capital cases, in favor of life and liberty or innocence and liberty; and, as the law favors a trial on the merits, the court should resolve all doubts and exercise its discretion in favor of such a trial.
“... [T]he withdrawal of the plea of guilty should not be denied in any case where it is in the least evident that the ends of justice will be subserved by permitting not guilty to be pleaded in its place.
“... Where the evidence as to whether the plea was entered through fear, duress, misunderstanding, or improper influence is in hopeless conflict, the better practice is to permit the plea to be withdrawn. Indeed, any doubt as to the plea’s being voluntary should be resolved in accused’s favor.” (Footnotes omitted.)

The record in the instant case shows that appellant, since early childhood, suffered from a severe learning disability caused by dyslexia; that he had to repeat several grades and did not finish high school until he was 20 years of age; that he was a “slow learner,” had difficulty understanding concepts such as constitutional rights and their waiver, and was easily influenced by suggestion; that, at the time of pleading guilty, he was 23 years of age and had a reading aptitude of a fourth grader, a vocabulary of a seventh grader, and the emotional maturity of a twelve-to fourteen-year-old. Appellant had no prior record or experience with the legal system. A psychologist testified that he examined appellant and found no homosexual tendencies.

The record further shows that appellant’s case was initially set for trial on Monday, March 7, 1988, after having been continued at a previous term of court; that appellant had no knowledge that the case was to be tried until the night of March 6, a Sunday, when appellant’s father learned of it indirectly from a third party; that appellant’s father immediately contacted defense counsel and was advised that there must be a mistake and not to worry because there was a “fair chance we would not get to the case at this trial setting”; that appellant was required to leave school and rush to the courthouse, without his parents, on Monday afternoon, March 7, where a jury was selected to try his case; and that, after the jury was selected and the parties were advised that the court would start taking testimony the next morning, appellant, his father, and defense counsel repaired to counsel’s office where a discussion ensued concerning the advisability of appellant’s pleading guilty. During the discussion, counsel told appellant and his father that appellant’s chances of winning were “slim” and that he would “minimize his exposure” by pleading guilty. He advised appellant that it was his belief, as well as that of the prosecuting attorney, that appellant would receive a sentence of from three to five years if he pleaded guilty. The following morning in court, appellant agreed to plead guilty to four sodomy charges, while still insisting to his attorney that he was innocent. We note here that appellant steadfastly denied his guilt of the charges to his attorney from the very beginning. The statement or admission made to the police by appellant and referred to later in this opinion, as far as this record discloses, amounts to only an admission of acts constituting sexual abuse and not sodomy. The prosecuting attorney had agreed to dismiss the other remaining charges if appellant entered guilty pleas on one count of attempted sodomy in the first degree and [238]*238on three counts of sodomy in the second degree. Each count involved a different victim. At the counsel table, immediately prior to pleading guilty, appellant executed Ireland forms purportedly acknowledging his understanding of the consequences of his guilty pleas and waiving his constitutional rights. Ireland v. State, 47 Ala.App. 65, 250 So.2d 602 (1971). The evidence as to whether the Ireland forms were explained to appellant is conflicting. Appellant and his father testified that appellant never read them and that defense counsel did not explain them. The trial court explained appellant’s rights to some extent, and partly relied on the representation of counsel that they had been explained by him. The trial court advised appellant that the maximum sentence he could receive under one of the counts was 20 years, but did not tell him to which count it applied. Appellant did not testify to any facts upon which to base the pleas, nor was he asked to do so. Rather, after the prosecutor, in response to the court’s question of what the state’s evidence would show, read the four pertinent counts of the indictment using the terms “sodomy” and “deviate sexual intercourse,” appellant stated that he was guilty.

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Bluebook (online)
545 So. 2d 236, 1989 Ala. Crim. App. LEXIS 35, 1989 WL 31896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-state-alacrimapp-1989.