Malson v. State

539 S.W.2d 454, 1975 Mo. App. LEXIS 2265
CourtMissouri Court of Appeals
DecidedAugust 4, 1975
DocketNo. KCD 27428
StatusPublished
Cited by2 cases

This text of 539 S.W.2d 454 (Malson v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Malson v. State, 539 S.W.2d 454, 1975 Mo. App. LEXIS 2265 (Mo. Ct. App. 1975).

Opinion

SWOFFORD, Presiding Judge.

Movant appeals from the denial of his motion, under Rule 27.26, to vacate a judgment and sentence. He was sentenced to life imprisonment for murder in the second degree (reduced from the charge of first degree murder) upon his plea of guilty. He urges upon this appeal that the trial court’s findings of fact and conclusions of law are clearly erroneous because 1) his plea of guilty was not knowingly entered and he did not comprehend or understand the nature of the proceedings against him due to the administration and injection of various drugs by employees of the state before the entry of such guilty plea; and 2) he was denied the effective assistance of counsel, in that his counsel failed to properly preserve and urge his defense of mental incompetence and further, coerced him into making a plea of guilty based upon threats, duress and false information.

The burden of proving grounds for the relief sought, by the preponderance of the evidence, rests upon the appellant, and the findings of the trial court are presumptively correct and must be sustained on this appeal unless they are clearly erroneous. Rule 27.26(j); Crosswhite v. State, 426 S.W.2d 67, 70[1] (Mo.1968); Beach v. State, 488 S.W.2d 652, 656[10] (Mo.1972).

A review of the record of the guilty plea, entered on August 3, 1971, discloses that the trial court and then counsel for the appellant used meticulous care in explaining to the appellant the nature of the proceedings and to ascertain that the plea was entered knowingly and voluntarily within the guidelines of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) and the many Missouri decisions on this subject. Indeed, this 37-page transcript discloses that the appellant made alert, intelligent and coherent responses and had complete recall of the details and occurrences surrounding the homicide.

He further testified that his attorney had fully advised him with reference to the crime of second degree murder; he understood the range of penalty therefor was from ten years to life imprisonment, which the trial judge again stated at the hearing; that no promises had been made to him as to the sentence that would be imposed or that he would be granted probation, and that those determinations were solely up to the judge; that he had the right to stand trial before a jury, in which event he would be entitled to the protections of reasonable doubt, right of confrontation, the right against self-incrimination, and the right to appeal, if convicted; and, that he had fully discussed the possible results of his plea with his attorney and members of his family-

At this plea hearing, he was intensively questioned about the course of medication being administered to him at the jail, and the following appears:

“THE COURT: And at the present time you are not under the influence of any medication or dope or alcohol that would prevent you from understanding the consequences of what you are doing here today?
[456]*456A. That’s right, Your Honor.
# * * * ⅝: *
THE COURT: Are you pleading guilty to this crime for any reason other than the fact that you are guilty?
A. No, Your Honor.”

He further stated that the medication did not interfere with his awareness or understanding of the proceedings.

At the allocution and sentencing proceedings on October 18, 1971, (consisting of 47 pages of transcript) those same matters were once again covered. Upon this occasion, he stated he was taking Thorazine and Benadryl under the doctor’s prescriptions at the time of his guilty plea because he “couldn’t sleep” and for “nervousness”.

Dr. Lindgren testified at the Rule 27.26 hearing, held December 21, 1972, that the drug “Thorazine” calms a person and makes him more rational, but does not change the psychotic thinking process; that “Benadryl” is a drug to relieve muscle spasm; that “Prolixin”, a drug also administered to appellant, was similar to “Thorazine”; and, that no bad or “pyramiding” effect would result from the administration of these drugs in proper doses over the same period of time. At this hearing, the attorney representing the appellant at the plea and sentencing stated that he knew that his client was under medication but that appellant told him he had not taken the “pills” and that he seemed alert and responsive, his mind did not wander, and he had good recall of details.

The appellant testified that Prolixin had been forcibly administered to him by Dr. Lindgren and his jailers on two occasions, one occasion being in July, prior to his guilty plea on August 3, 1971. He stated that the drug “immobilized” him for 3 or 4 days and thereafter made him feel “sluggish” and slow-moving and “uncaring”. He testified that as a result of this injection of Prolixin that he had “no mental feeling” and “things just didn’t seem like they were worth listening to”, at the time of his guilty plea. He also testified that he was given an injection of Prolixin the second week in September, prior to his sentencing, but had taken no other drugs between August 3, 1971 (the day of his guilty plea) and October 18, 1971 (the date of his sentencing). On the latter date, he substantially reaffirmed his testimony of August 3, that his guilty plea was intelligently and knowingly ■entered.

In the light of this record, there was substantial competent evidence that at the time of appellant’s guilty plea, he was not under the influence of any medication or drug which would corrupt his intelligent and knowing entry of that plea. Cavallaro v. State, 465 S.W.2d 635, 636[1] (Mo.1971); White v. State, 490 S.W.2d 672, 674 (Mo.App.1972). The trial court’s finding was not clearly erroneous. The appellant’s first point was properly ruled.

During the pendency of the first degree murder charge, then counsel for appellant filed a motion for a mental examination under Chapter 552, RSMo 1969. This examination was had at the Western Missouri Mental Health Center, apparently in June, 1971, and resulted in the conclusion that the appellant was competent to stand trial but was inconclusive as to his mental state at the time of the crime because the appellant admitted he had ingested drugs and alcohol at the time he bound and then shot his victim three times.

A significant conclusion reached by the examiners, which was a part of the record before the court below, stated:

“The defendant’s sensorium is extremely clear. His attention span is long, his ability to concentrate is excellent, his recent memory and remote memory is beyond questioning and his intellectual capacity appears to be at least within range of normal. His judgment is excellent, but he appears to have little insight into some of his deeper underlying emotional problems.”

Counsel for appellant (at that time) testified that he advised his client of his right to an examination by and the opinion of a private doctor, and that if the defense of [457]

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Related

Malson v. State
641 S.W.2d 124 (Missouri Court of Appeals, 1982)
Nance v. State
556 S.W.2d 193 (Missouri Court of Appeals, 1977)

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Bluebook (online)
539 S.W.2d 454, 1975 Mo. App. LEXIS 2265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malson-v-state-moctapp-1975.