People v. Kyler

991 P.2d 810, 2000 Colo. J. C.A.R. 6565, 1999 Colo. LEXIS 1214, 1999 WL 1133748
CourtSupreme Court of Colorado
DecidedDecember 13, 1999
DocketNo. 98SC322
StatusPublished
Cited by33 cases

This text of 991 P.2d 810 (People v. Kyler) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Kyler, 991 P.2d 810, 2000 Colo. J. C.A.R. 6565, 1999 Colo. LEXIS 1214, 1999 WL 1133748 (Colo. 1999).

Opinion

Justice BENDER

delivered the Opinion of the Court.

I. INTRODUCTION

In this appeal we hold that to determine whether a guilty plea is voluntary the constitutionality of restraints placed upon the defendant is irrelevant. The defendant filed for post-conviction relief seeking to invalidate his pleas of guilty, claiming that he was coerced into pleading guilty because of the restraints placed upon him during the period of time leading up to the entry of his plea. After conducting a hearing, the post-conviction court denied the claim, concluding that the pleas were entered voluntarily. A divided panel of the court of appeals reversed, reasoning that the record was insufficient to support the post-conviction court’s conclusion that the pleas were voluntary and that the post-conviction court improperly relied on the faulty legal conclusion that the restraints were constitutional. See People v. Kyler, No. 96CA0911, slip op. at 5 (Colo.App. March 26, 1998). Thus, the court of appeals remanded the case to the post-conviction court for additional findings on the issue of voluntariness. In dissent, Judge Davidson argued that the “issue of the legal propriety of the restraints does not answer the factual question whether the plea was entered voluntarily” and opined that the record supported the trial court’s findings and conclusion that the defendant [812]*812entered his pleas voluntarily. The People appealed the court of appeals’ decision.

We agree with the dissent and hold that although restraints may be one circumstance that affects a defendant’s decision to plead guilty, the constitutionality of a defendant’s restraints at the time of entry of his pleas is not relevant to determine whether he entered the plea voluntarily. We also agree with the dissent that the record adequately supports the trial court’s findings and its conclusion that the defendant entered his pleas voluntarily. Hence, we reverse the court of appeals and return this case to that court with directions to remand to the trial court for the entry of the denial of the defendant’s motion.

II. FACTS AND PROCEEDINGS BELOW

Dennis Kyler was arrested in late 1992 and charged with thirteen felony counts alleging sexual assaults and attempted sexual assault on four children in violation of sections 18-3-405,1 18-3^105.32 and 18-2-101,3 8B C.R.S. (1992). The charges carried the following potential penalties: seven class three felonies (with a presumptive sentencing range of four to sixteen years for each count), five class four felonies (two to eight years for each count), and one class five felony (one to four years). See § 18-l-105(l)(a)(IV), 8B C.R.S. (1992) (describing sentencing ranges for various classes of felonies).

Three days after his arrest, the defendant escaped from county jail. He was apprehended nearly two weeks later. Three months after this first escape, the defendant absconded a second time and was captured the next day. Based upon these escapes, the defendant was charged with two additional felony counts of escape in violation of section 18-8-208(3), 6 C.R.S. (1999).4

After his second escape, prison authorities used restraints to limit the defendant’s movement. Chains bound the defendant’s ankles and a waist chain bound the defendant’s elbows to his sides. The defendant was also handcuffed. He was confined in this manner at all times except when one hand was un-cuffed to allow him to eat or to use the toilet. Five days after his second recapture the trial court ordered the defendant’s restraints relaxed by removing the shackles between approximately ten p.m. and six a.m. However, one ankle remained chained to his bed during this time period.

Five days after being placed under relaxed restraints at night, the defendant accepted a plea bargain and pleaded guilty to one count of sexual assault on a minor by one in a position of trust (a class three felony) and one count of escape (a class four felony). In return, the prosecution dismissed the remaining thirteen felony charges (twelve alleging sexual abuse of children and the second escape charge).

At the Rule 115 hearing, the defendant tendered a written plea to each of the two felonies. In each written plea the defendant agreed to the following statement: “My plea [813]*813of guilty is voluntary, my decision, and not the result of undue influence, coercion or force on the part of anyone.” The defendant and his attorney stated in each document that the defendant read fully and knew the import of all the terms and requirements of the plea. The defendant and his defense attorney signed each pleading.

At the Rule 11 hearing, the court questioned the defendant about the voluntariness of his pleas. The court asked the defendant in general terms about any coercion or undue influence that might affect the voluntariness of the defendant’s guilty plea, but the court did not mention the restraints. Four separate times the defendant stated that the pleas were voluntary and free of force or coercion. The defense attorney told the court that the defendant felt it was important to resolve the case to be freed from the “terms of his confinement,” but the defendant did not mention his restraints. In response to the defense attorney’s reference to the shackling, the Rule 11 court asked the defendant if the partially relaxed restraints enabled him to sleep more comfortably; the defendant verified that they had.

THE COURT: Have you been promised leniency or favors or special consideration for this guilty plea other than what has been stated to me here in open court?
DEFENDANT: No.
[The court then verified the charges and the defendant confirmed that he wished to plead guilty.]
THE COURT: Are you entering this plea freely and voluntarily and not as a result of any undue influence or coercion on the part of anyone?
DEFENDANT: Yeah.
THE COURT: This applies to both offenses, the sexual assault as well as the escape charge?
DEFENDANT: Yeah.
PROSECUTOR: Your Honor, I noted some hesitation. Perhaps you’d like to go back and cover that.
THE COURT: Has anyone forced you to enter this plea?
DEFENDANT: No.
THE COURT: This is your voluntary plea and voluntary act?
DEFENDANT: Yeah.
THE COURT: Do you have any reservations here, Mr. Kyler?
DEFENSE COUNSEL: Your Honor, what he’s related to me is that Mr. Kyler is — today and continues to be shackled. His freedom of movement is totally confined within the jail. Even within a totally secure setting. And — Mr. Kyler — feels that it’s an important thing for him to resolve the case in order to free himself of these terms of his confinement.
THE COURT: Is there any question in his mind as to whether he’s guilty of these two charges?
DEFENDANT: No.
THE COURT: That’s what I have to decide. Did they do anything about your sleeping in bed at night?

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Peo v. Barrientos
Colorado Court of Appeals, 2026
Peo v. Nevares
Colorado Court of Appeals, 2026
Peo v. Beddingfield
Colorado Court of Appeals, 2025
Peo v. Fernau
Colorado Court of Appeals, 2025
Peo v. Calhoun
Colorado Court of Appeals, 2024
State v. Young
2023 UT App 26 (Court of Appeals of Utah, 2023)
v. Wardell
2020 COA 47 (Colorado Court of Appeals, 2020)
v. Hamm
2019 COA 90 (Colorado Court of Appeals, 2019)
v. Perez
2019 COA 62 (Colorado Court of Appeals, 2019)
People v. Figueroa-Lemus
2018 COA 51 (Colorado Court of Appeals, 2018)
People v. Corson
2016 CO 33 (Supreme Court of Colorado, 2016)
People v. McKimmy
2014 CO 76 (Supreme Court of Colorado, 2014)
People v. Corson
411 P.3d 28 (Colorado Court of Appeals, 2013)
People v. Davis
2012 COA 14 (Colorado Court of Appeals, 2012)
SANCHEZ-MARTINEZ v. People
250 P.3d 1248 (Supreme Court of Colorado, 2011)
People v. Villarreal
231 P.3d 29 (Colorado Court of Appeals, 2009)
Allen v. Martin
203 P.3d 546 (Colorado Court of Appeals, 2008)
Dunlap v. People
173 P.3d 1054 (Supreme Court of Colorado, 2007)
People v. Montour
157 P.3d 489 (Supreme Court of Colorado, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
991 P.2d 810, 2000 Colo. J. C.A.R. 6565, 1999 Colo. LEXIS 1214, 1999 WL 1133748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kyler-colo-1999.