Hightree v. People

60 V.I. 514, 2014 WL 495639, 2014 V.I. Supreme LEXIS 11
CourtSupreme Court of The Virgin Islands
DecidedFebruary 7, 2014
DocketS. Ct. Criminal No. 2010-0104
StatusPublished
Cited by3 cases

This text of 60 V.I. 514 (Hightree v. People) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hightree v. People, 60 V.I. 514, 2014 WL 495639, 2014 V.I. Supreme LEXIS 11 (virginislands 2014).

Opinion

OPINION OF THE COURT

(February 7, 2014)

Swan, Associate Justice.

Appellant, Thomas Hightree, appeals to this Court seeking to have his guilty plea and sentence vacated. Hightree pled guilty to aggravated rape in the first degree, in violation of title 14, section 1700(a)(1) of the Virgin Islands Code. However, Hightree now argues that his guilty plea was entered in violation of his constitutional rights. He further argues that his sentence was illegal and substantively unreasonable. For the reasons elucidated below, we reject Hightree’s arguments, but will remand the case to the Superior Court for the limited purpose of sua sponte correcting two errors we have noticed.

I. FACTS & PROCEDURAL HISTORY

This case emanated from an investigation in July 2008 by Detective Sofia Rachid who was dispatched to the home of a minor to investigate a report of unlawful sexual contact. During an interview at the minor’s home, the minor explained to the detective that when she was about eight years old, she was seduced by her neighbor, Hightree, into performing certain sexual acts. The minor explained that Hightree would encourage [518]*518her to view pornographic magazines and videos, to lie still while Hightree performed oral sex on various areas of her body, including her vagina and her buttocks. The minor informed the detective that when she felt uncomfortable in these sexual encounters, she would beg Hightree to stop; however, Hightree would allay her apprehension and make her comfortable, including saying that he loved her while having the minor perform other reprehensible sex acts upon his private parts.

Hightree was arrested and charged in an eleven-count Information with crimes relating to his sexual assaults upon the minor. Thereafter, Hightree consummated a written plea agreement with the Virgin Islands Department of Justice. The plea agreement provided that Hightree would admit to Count Six of the Information, which charged aggravated rape in the first degree. In consideration of Hightree’s plea, it was agreed that the People would dismiss all remaining counts in the Information. On August 2, 2010, Hightree and his attorney, Ariel Smith, Esq., of the Territorial Public Defender’s Office, signed the plea agreement. (Id.)

Thereafter, the trial court scheduled a change of plea hearing for August 5, 2010, during which Hightree would have an opportunity to be examined concerning the terms of the plea agreement he consummated with the People and the circumstances under which it had been consummated. At the hearing, Hightree was placed under oath. Before proceeding, the trial judge informed Hightree that he would be advised of his constitutional rights and be afforded an opportunity to confirm or reject the plea agreement he consummated with the People. The trial judge proceeded to inform Hightree of his constitutional rights and frequently paused to inquire of Hightree whether he understood what was being said to him and whether he understood the trial court’s questions. Each time Hightree was asked whether he understood the trial court’s questions and directives, Hightree responded in the affirmative. After the trial court informed Hightree of his constitutional rights, the trial court proceeded to determine Hightree’s competency to enter into a plea agreement by asking him questions relating to his educational background, questions relating to any affliction of mental deficiencies he may have, and questions relating to whether he was at that time under the influence of alcohol or any controlled substance. The trial court specifically asked Hightree whether his attorney had counseled and informed him of the nature of the charge to which he would plead guilty and had also informed him of all the possible defenses he could raise in [519]*519opposition to the charges. Hightree responded in the affirmative. The trial court further asked Hightree whether he was entering into his plea voluntarily and well-informed and whether he was satisfied with the advice and assistance he received from his attorney. Hightree again responded in the affirmative to both questions.

The charge of aggravated rape in the first degree, as enumerated in the Amended Information, was read to Hightree by the clerk of the trial court, and Hightree pled guilty to the charge. The trial court accepted the plea and informed Hightree that he would immediately be remanded to the Bureau of Corrections to await sentencing. Hightree, through his attorney, requested that he be allowed to surrender to the Bureau of Corrections at the end of the week so that he could make final arrangements of his personal affairs before his imprisonment. The trial court denied Hightree’s request. Hightree immediately informed the trial court that because the trial court denied his request to postpone his imprisonment date for a few days, he wanted to withdraw his guilty plea. The trial court denied Hightree’s oral request to change his plea and informed Hightree that he had the option of filing a motion regarding his desire to change his plea before sentencing. When Hightree failed to file a motion to withdraw the plea, the trial court proceeded with the sentencing.

On September 13,2010, the trial court held the sentencing hearing. The trial court afforded Hightree an opportunity to allocute and address the court. At the sentencing hearing, no mention was made of Hightree’s desire to change his guilty plea. The trial court sentenced Hightree to 35 years of imprisonment with five years suspended. Hightree was ordered to register as a sex offender within five years of being paroled or released from imprisonment. Although the plea agreement made no reference to restitution, the Superior Court sua sponte ordered him to pay $3,500 in restitution to the victim for the cost of counseling. This sentence was memorialized in a Judgment and Commitment entered by the trial court on September 16, 2010. Hightree timely appealed to this Court.

II. JURISDICTION

Title 4, section 32(a) of the Virgin Islands Code provides that “[t]he Supreme Court shall have jurisdiction over all appeals arising from final judgments, final decrees or final orders of the Superior Court, or as otherwise provided by law.” It is well established that in a criminal case, the written judgment embodying the adjudication of guilt and the [520]*520sentence imposed based on that adjudication constitutes a final judgment for purposes of this statute. Williams v. Peoople, 58 V.I. 341, 345 (V.I. 2013) (citing cases). On September 16, 2010, the trial court entered a final Judgment and Commitment. Accordingly, this Court possesses jurisdiction over this appeal.

III. ISSUES & STANDARD OF REVIEW

First, we will consider whether the trial court erred when it denied Hightree’s attempt to withdraw his guilty plea. Second, we will consider the issues of whether Hightree’s sentence was illegal: whether the trial court erred in suspending a portion of Hightree’s sentence; whether the trial court misled Hightree regarding his eligibility for parole; and whether the trial court imposed an unreasonable sentence. Finally, we will consider two errors by the Superior Court that, while not raised by Hightree in his appellate brief, constitute plain error and warrant sua sponte correction by this Court.

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Related

Heywood v. People
63 V.I. 846 (Supreme Court of The Virgin Islands, 2015)
Monelle v. People
63 V.I. 757 (Supreme Court of The Virgin Islands, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
60 V.I. 514, 2014 WL 495639, 2014 V.I. Supreme LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hightree-v-people-virginislands-2014.