Oatsvall v. State

643 S.W.2d 634, 1982 Mo. App. LEXIS 3993
CourtMissouri Court of Appeals
DecidedDecember 13, 1982
DocketNo. 12666
StatusPublished
Cited by5 cases

This text of 643 S.W.2d 634 (Oatsvall 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
Oatsvall v. State, 643 S.W.2d 634, 1982 Mo. App. LEXIS 3993 (Mo. Ct. App. 1982).

Opinion

GREENE, Chief Judge.

The facts of this case are that on August 15, 1977, Stephen Anthony Oatsvall broke into Crow’s Grocery in Caruthersville, Missouri, during the nighttime hours, by cutting a hole through the roof and entering the building. He then waited for Robert Wyatt, a store employee, to arrive and open the store. Wyatt entered the store, and while walking down an aisle toward the storage room, was struck on the back of the head with a board wielded by Oatsvall. The blow knocked Wyatt unconscious. When he regained his senses, Wyatt walked toward the back of the store where he met Oatsvall, who was armed with a .22 caliber [636]*636pistol he had found in the store. Oatsvall forced Wyatt to enter a meat locker and locked the door. He later returned, and demanded the keys to the store. Wyatt gave him the keys, which were the property of Crow’s grocery. Oatsvall again locked Wyatt in the meat locker, but later returned and shot Wyatt in the head. One or two other shots were fired at Wyatt. About that time, a meat delivery truck arrived at the premises. Taking the keys and pistol with him, Oatsvall fled the scene. After being charged and placed in custody for the crimes in question, Oatsvall broke jail and escaped, but turned himself in the next morning. Wyatt recovered from his wounds.

On April 3, 1978, Oatsvall entered pleas of guilty in the Circuit Court of Pemiscot County to charges of burglary, assault with intent to kill, robbery in the first degree, and breaking jail and escaping before conviction. He received sentences of two years for burglary, five years for robbery, two years for the escape, and life imprisonment for the assault, with all sentences to run concurrently.

Two years later, Oatsvall filed a pro se motion to vacate the judgments and sentences assessed by the trial court on his four guilty pleas. He alleged that his pleas of guilty were not knowingly, intelligently and voluntarily made because his trial attorney 1) failed to conduct an appropriate pre-trial investigation, 2) failed to challenge a psychiatric report made by doctors at the Fulton State Hospital on the issues of a) Oats-vall’s competency to stand trial, and b) whether Oatsvall was suffering from a mental disease or defect excluding responsibility at the time of the crimes, and 3) misled Oatsvall by telling him that if he did not plead guilty, he could receive a life imprisonment term, plus 50 years, and if he did plead guilty, he would only serve seven years.

Counsel was appointed for Oatsvall, and an evidentiary hearing was requested and granted. At the hearing, Oatsvall stated that he did not wish to amend his motion. The only witnesses were Oatsvall and his trial counsel. Oatsvall testified that if his trial counsel had deposed the witnesses listed on the information, he could not say that knowledge gleaned from the depositions would have benefitted him; that if the psychiatric report had been challenged, and another report obtained, he was not sure what bearing it would have had on the case, and if he had known that he would not be up for parole, and “may be out on parole in seven years”, that he would not have pleaded guilty, but would have taken his chances on a trial. He testified that his trial lawyer told him that if he entered the guilty pleas, that he would be eligible for parole and could be paroled after serving seven years and that such statement was not true. Oatsvall admitted that he had already received three parole hearings in less than three years. He identified the transcripts of the guilty plea proceedings and stated that the questions and answers shown there were correct.

His trial attorney testified that the pleas Oatsvall had entered were in response to a plea bargain agreement in which the prosecutor offered Oatsvall two years on the burglary charge, five years on the robbery charge, Oatsvall’s choice of a life sentence or 50 years on the assault with intent to kill charge, two years on the escape charge, and, in return for Oatsvall’s guilty pleas on these charges, the prosecutor would dismiss charges of assault on a police officer and exhibiting a deadly weapon that were pending against Oatsvall; that he had thoroughly explained the agreement to his client; that at no time did he tell Oatsvall that if he stood trial he would receive a life sentence, plus 50 years, and that he had recommended that Oatsvall plead guilty to the charges based on the plea bargain agreement as, based on the evidence, Oatsvall was in danger of a “far longer cumulative total of sentences if he went to trial on these charges.” He also testified that he told his client that if he pleaded guilty, he could expect to serve at least seven years’ time, and that the average time people serve who receive life sentences was 12 to 13 years. He testified that he had requested the mental examination of his client; [637]*637that he had read the report and discussed it with his client, and that he saw no reason to challenge its findings that Oatsvall was mentally competent, or to secure a second opinion.

Based on the foregoing testimony and the transcripts of the guilty pleas, the trial court, on January 30,1982, made findings of fact and conclusions of law, and entered judgment denying the motion to vacate. On March 1, 1982, Oatsvall filed a pro se motion to vacate and to amend his prior motion, by interlineation. In this pleading, Oatsvall contended that he had been subjected to double jeopardy by being required to plead guilty to charges of burglary, robbery, and assault, as all of these offenses arose from the same incident or transaction. The motion was denied by the trial court and this appeal followed.

Our review is limited to a determination of whether the findings, conclusions and judgment of the trial court are clearly erroneous. Rule 27.26(j);1 Crosswhite v. State, 426 S.W.2d 67, 70-71 (Mo.1968); Wilson v. State, 587 S.W.2d 343, 345 (Mo.App.1979).

Oatsvall’s first two contentions on appeal are that his guilty pleas were involuntary because 1) he was misled by his trial attorney who told him that if he stood trial, he would probably get a longer sentence than life plus nine years to run concurrently, and if he pleaded guilty, he would be eligible for parole in seven years, and 2) that his trial counsel was ineffective because he a) failed to depose any witnesses or interview the alleged victim, b) failed to secure a second psychiatric examination, and, c) failed to properly investigate the case and advise Oatsvall of his available options.

On these two issues, the trial court’s findings and conclusions were:

“Counsel did not induce Movant to plead guilty and did not tell him he would or could get life plus 50 years without possibility of parole if he had a jury trial and did not tell him he would serve only 7 years if he pleaded guilty. Movant is found not worthy of belief and is not believed on these issues.... Counsel’s decision not to pursue the matter of mental fitness and responsibility was a decision of trial strategy and does not demonstrate ineffectiveness of counsel.... There was no ineffective assistance of counsel of Movant in the Trial Court. Counsel did conduct adequate pretrial investigation both factual and legal. Counsel did interview State’s witnesses adequately but did not depose any witnesses. Not deposing witnesses is a matter of trial strategy and did not in this case demonstrate ineffectiveness of counsel.

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Bluebook (online)
643 S.W.2d 634, 1982 Mo. App. LEXIS 3993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oatsvall-v-state-moctapp-1982.