Hawk v. State

171 So. 3d 96, 2014 WL 1744093, 2014 Ala. Crim. App. LEXIS 26
CourtCourt of Criminal Appeals of Alabama
DecidedMay 2, 2014
DocketCR-13-0253
StatusPublished
Cited by4 cases

This text of 171 So. 3d 96 (Hawk 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
Hawk v. State, 171 So. 3d 96, 2014 WL 1744093, 2014 Ala. Crim. App. LEXIS 26 (Ala. Ct. App. 2014).

Opinion

WELCH, Judge.

Doyle Kordell Hawk appeals from the circuit court’s summary denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P., in which he attacked his October 2012 guilty-plea convictions on three counts of the unlawful possession of a controlled substance and his resulting sentences as a habitual offender to life imprisonment. Hawk did not file a direct appeal.

[98]*98On May 14, 2013, Hawk filed the instant Rule 32 petition in which he alleged the following: (1) that the trial court was without jurisdiction to adjudicate the case because his arrest was illegal; (2) that the seizure of the controlled substances was unlawful, violating his Fourth Amendment rights; (3) that his guilty plea was not voluntary because, he says, he was not apprised of the fine imposed pursuant to the Drug Demand Reduction Assessment Act, § 13A-12-281, Ala.Code 1975, and because he was not apprised of his right to appeal; and (4) that he was denied the effective assistance of counsel, citing various grounds, including that counsel failed to file numerous motions and allowed him to enter a guilty plea when he had not been apprised of either the Drug Demand Reduction assessment or his right to appeal.

The State filed an answer and a motion to dismiss in which it argued that Hawk’s Rule 32 petition should be summarily dismissed because, it said. Hawk’s claims were insufficiently pleaded or without merit. The State attached exhibits to its response, including a copy of the plea agreement, a copy of the explanation-of-rights form1 signed by Hawk and his attorney, and a copy of the transcript from the guilty-plea proceeding.2 On October 24, 2013, the circuit court entered an order summarily denying the petition on the grounds that the claims asserted in the petition were insufficiently pleaded and, alternatively, they were meritless.

On appeal, Hawk reasserts his claim that his guilty plea was involuntary because, he says, he was not apprised of the fine imposed pursuant to the Drug Demand Reduction Assessment Act or of his right to appeal. Hawk also argues that the circuit court erred when it did not conduct an evidentiary hearing on his inef-feetive-assistance-of-counsel claims because, Hawk says, his guilty plea was involuntary, his trial counsel did not submit an affidavit, and, because the circuit judge who presided over his postconviction proceeding was not the judge who had presided over the guilty-plea proceeding, the judge could not rely on his own recollection of the guilty-plea proceeding to reject his claims of ineffective assistance of counsel.3

This Court will not reverse the circuit court’s order denying a Rule 32 petition absent an abuse of discretion. Grady v. State, 831 So.2d 646, 648 (Ala. Crim.App.2001). If the circuit court’s decision is correct for any reason, it will be affirmed. Id.

With regard to Hawk’s claim that his guilty plea was not made voluntarily, the State set out in its answer the following:

“[Hawk] alleges that the guilty plea was not knowingly, intelligently, or voluntarily made. [Hawk] specifically alleges that the plea colloquy did not inform him of the mandatory minimum penalty and maximum possible penalty, as required by the Alabama Rules of Criminal Procedure Rule 14.4(a)(1)(ii) or his rights regarding appeal as required by Rule 14.4(a)(1)(viii). As to [Hawk’s] [99]*99argument that he was not explained the mínimums and máximums of his case, this argument is without factual merit. Specifically, [Hawk] asserts that the Drug Demand Reduction Assessment Act (also known as the User Penalty Fee) in Section 13A-12-280 and Section 13A-12-281 was not explained to him. This assertion is clearly not factually supported by the record. [Hawk] and his trial counsel, Susan James, signed a plea agreement that clearly stated that [Hawk] would be ordered to pay $1000.00 under the User Penalty fee or Drug Demand Reduction Assessment Act under Section 13A-12-281. (State’s Exhibit B). The plea agreement put [Hawk] on notice that he was subject to the User Penalty Fee or Drug Demand Reduction Assessment Act under Section 13A-12-281. Even though the plea agreement states that the User Penalty fee applies, [Hawk] was not ordered to pay the penalty. (State’s Exhibit C). The plea colloquy is clear that [Hawk] stated his attorney went over the plea agreement with him and that he signed the plea agreement and he had enough time to discuss the matter with his attorney and she had done everything he asked her to do (State’s Exhibit D). [Hawk] did not ask any questions regarding the plea agreement and did not indicate that he did not understand the plea agreement. (State’s Exhibit D). As to [Hawk’s] rights regarding appeal, clearly [Hawk] was apprised of those rights, [Hawk] signed a plea agreement which clearly states that he is waiving his rights to appeal the case and specifically states that he is making the plea voluntarily and with the full knowledge of the rights he -is surrendering. [Hawk] signed an Explanation of Rights form indicating that [Hawk] had been apprised of his rights and the plea was made voluntarily. (State’s Exhibit E). The Judge, who presided over the plea, also signed the Explanation of Rights form indicating that [Hawk] had been apprised of his rights and the plea was made voluntarily (State’s Exhibit E). [Hawk’s] argument regarding the right to appeal is clearly without factual merit.”

(C, 66-67.)

The record contains a copy of the plea agreement and a copy of the “Explanation of Rights and Plea of Guilty” form. The plea agreement shows that Hawk agreed to the sentences of imprisonment as well as to the imposition of several fines, including the fine to be imposed pursuant to the Drug Demand Reduction Assessment Act. The agreement also included Hawk’s waiver of his right to appeal. Further, at the guilty-plea colloquy, the transcript of which is in the record before us, Hawk informed the trial court that he had discussed with his attorney the plea agreement, the explanation-of-rights form, and guilty-plea form. The trial court stated that it would sentence Hawk according to the plea agreement, including the fines and other terms to which Hawk had agreed as part of the plea agreement. The trial court also informed Hawk that he had a right to appeal but that he was waiving that right by pleading guilty. Hawk indicated that he understood the terms of the plea agreement.

In support of his claim on appeal that his guilty plea was not voluntarily made because he was not apprised of the fine assessed under the Drug Demand Reduction Assessment Act, Hawk cites Carter v. State, 812 So.2d 391 (Ala.Crim.App.2001). In Carter, although the explanation-of-rights form contained a provision regarding the Drug Demand Reduction Assessment Act, the box located next to the provision was not checked, indicating that the fine was not imposed in Carter’s [100]*100case. The trial court in its colloquy also failed to inform Carter that he was subject to an assessment under § 13A-12-281. This Court held that the court’s failure to inform a defendant of all mandatory fines prior to accepting his or her plea rendered the plea involuntary. This case is distinguishable from Carter.

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Related

Hall v. State
223 So. 3d 977 (Court of Criminal Appeals of Alabama, 2016)
Mosley v. State
187 So. 3d 1194 (Court of Criminal Appeals of Alabama, 2015)

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Bluebook (online)
171 So. 3d 96, 2014 WL 1744093, 2014 Ala. Crim. App. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawk-v-state-alacrimapp-2014.