Pettiford v. United States

700 A.2d 207, 1997 D.C. App. LEXIS 209, 1997 WL 530081
CourtDistrict of Columbia Court of Appeals
DecidedAugust 28, 1997
Docket95-CO-637
StatusPublished
Cited by12 cases

This text of 700 A.2d 207 (Pettiford v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pettiford v. United States, 700 A.2d 207, 1997 D.C. App. LEXIS 209, 1997 WL 530081 (D.C. 1997).

Opinions

MACK, Senior Judge:

Appellant Franklin H. Pettiford pled guilty to first-degree murder while armed, second-degree murder while armed and carrying a pistol without a license. After sentencing, appellant filed a motion to vacate his guilty pleas and sentence under D.C.Code § 23-110 (1989), alleging, in part, ineffective assistance of counsel. The Superior Court denied his motion, and appellant appeals.

[208]*208I.

A. Background

The posture of this ease reaches this court by a tortuous route of preceding events—two 1989 murders, a seventeen-year-old arres-tee’s waiver of rights and admissions of being on the scene (but not firing the fatal shot at the time of the second killing), extensive negotiations by defense counsel with the government, a debriefing agreement during which the presence of the arrestee at the scene of the first murder surfaces, the government’s declared intention to prosecute the first murder in the federal court where it would seek the death penalty, a superseding plea agreement covering both murders, the entry of pleas of guilty to first and second-degree murders while armed, and subsequent, unsuccessful attempts to withdraw those pleas.

Luther Garvin was shot and killed on November 27, 1989. In March of 1990, appellant was arrested in connection with Garvin’s death and was charged with first-degree murder while armed in violation of D.C.Code §§ 22-2401, -3202 (1989). Appellant, after waiving rights, made a statement to the police; he admitted to being present at the murder of Garvin and to firing his gun into the air over the head of the decedent; he also admitted receiving a car in payment for his participation in the slaying. However, he maintained that his codefendant, Michael McIntyre, actually killed Garvin.

Thereafter, appellant’s court-appointed attorney, Michael Dowd, began plea negotiations with the government, and as a result, appellant entered into a preliminary “debriefing” agreement (and a subsequent plea agreement). Under the agreement, he was to provide (and to continue to provide) the prosecutors and other law enforcement agencies with information regarding individuals involved in criminal activity. On September 14, 1990, after waiver of indictment and pursuant to the plea agreement, appellant pled guilty before the Honorable Ricardo Urbina (hereinafter the “plea judge”) to an information charging him with second-degree murder while armed, in violation of D.C.Code §§ 22-2403, -3202 (1989), and to carrying a pistol without a license, in violation of D.C.Code § 22-3204(a) (1989), in connection with the murder of Garvin. The plea judge accepted the plea.

During one of the debriefing sessions in January of 1991, the June 30, 1989, shooting death of Angela Jones, a government witness, was explored. Appellant admitted his presence at the murder scene, but claimed that he had not fired his gun. He stated that another individual, Jerry Rose, had actually committed the murder. (The government claimed that prior to appellant’s statement at the debriefing session it had talked to an informant who implicated appellant in the Angela Jones murder. Following the debriefing, the government alleged that it had located an eyewitness who also implicated appellant.) The government threatened to prosecute appellant for the murder of Angela Jones in federal court under a federal statute which allowed the death penalty for the murder of a government witness. Appellant’s counsel again engaged in plea negotiations, and appellant entered into a superseding plea agreement that covered both the Jones and the Garvin murders. Under this agreement, appellant was to plead guilty to first-degree murder while armed in connection with the Angela Jones murder, and his pleas with respect to the Luther Garvin killing would remain the same as before (ie., second-degree murder while armed and carrying a pistol without a license). On June 10, 1991, appellant pled guilty to the Angela Jones murder before the plea judge, who accepted the plea.

B. Sentencing Hearing

Appellant’s sentencing hearing was held on September 9, 1991. After defense counsel and the government had completed allocution, but before the sentence was imposed, the plea judge addressed appellant:

Mr. Pettiford, this is your opportunity to say what you think it is important for me to know in addition to what you have already said in your letter. As I think about what the sentence should be in your case, what is it that you would like to say, sir?

Appellant responded:

Your Honor, I’d like to say three things, and I hope you know that you can grant [209]*209me three wishes: one, I want to take my cop back and go to trial; two, I want a new lawyer because of the fact that he did not help me through my case, and he was telling me all sorts of lies about that if I go to trial, ain’t no such thing as appeal, and my case is—I should have been told you this—but I sit here and listen to him, let him, you know, try to guide me, but—and two, I really—I want to go to trial. That’s the first three wishes I would like to have. I would—

The discussion continued as follows:

Q: Well, in addition to that, is there anything you wish to [say] about what the sentence should be? Should I deny your motion to vacate your guilty plea at this time?
A: I would just like—
Q: In other words, you are asking me to vacate your plea—
A: Yes, sir.
Q: —and let you go to trial?
A: Yes.
‡ ‡ ‡ ' í¡; ‡ ijs
Q: Is there anything you want me to know about sentencing you in addition to what you have already said?
A: I’m sorry for, you know, what really happened to the people, but I guess I just got caught up in the fast lane, growing up with the older boys, you know. I, I ain’t never had no brothers around. All I had was my sisters and my mother. That’s all I had, and I just wanted to be, you know, if I— maybe if I’d listened to my mother, maybe I wouldn’t have been in this type of trouble here today, you know, but I just wanted to be a knucklehead and hang out with the older fellows.

The plea judge then indicated that he would deny appellant’s motion to vacate his guilty pleas, concluding:

Well, Mr. Pettiford, I am going to deny your Motion to Vacate Your Plea at this time without prejudice. What that means is what I hear you saying is that you don t want Mr. Dowd to represent you on this issue, and in that regard, you will be entitled to have new counsel review your situation and ask the Court properly and formally to reconsider your sentencing in the case and reconsider your plea in the case.

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

Related

Jackson v. United States
District of Columbia Court of Appeals, 2026
United States v. Raymond
District of Columbia, 2022
Cosio v. United States
927 A.2d 1106 (District of Columbia Court of Appeals, 2007)
United States v. Pettiford
238 F.R.D. 33 (District of Columbia, 2006)
Butler v. United States
836 A.2d 570 (District of Columbia Court of Appeals, 2003)
Johnson v. United States
812 A.2d 234 (District of Columbia Court of Appeals, 2002)
Byrd v. United States
801 A.2d 28 (District of Columbia Court of Appeals, 2002)
Maske v. United States
785 A.2d 687 (District of Columbia Court of Appeals, 2001)
Bennett v. United States
726 A.2d 156 (District of Columbia Court of Appeals, 1999)
Pettiford v. United States
700 A.2d 207 (District of Columbia Court of Appeals, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
700 A.2d 207, 1997 D.C. App. LEXIS 209, 1997 WL 530081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettiford-v-united-states-dc-1997.