State v. Beaulieu

401 A.2d 1076, 119 N.H. 311, 1979 N.H. LEXIS 305
CourtSupreme Court of New Hampshire
DecidedMay 9, 1979
DocketNo. 78-288
StatusPublished
Cited by2 cases

This text of 401 A.2d 1076 (State v. Beaulieu) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Beaulieu, 401 A.2d 1076, 119 N.H. 311, 1979 N.H. LEXIS 305 (N.H. 1979).

Opinion

GRIMES, J.

The question in this criminal case is whether the trial court erred in denying defendant’s motion to vacate his pleas of guilty to certain felony charges. We hold there was no error.

Defendant was charged by indictment with possession of marijuana and with possession of cocaine with intent to sell. RSA 318-B:2 (Supp. 1977). Certain quantities of the substance were seized along with other items following a search of his home pursuant to a warrant.

On March 1,1978, the defendant pleaded guilty to both indictments before DiClerico, J. At the plea hearing, the defendant, while represented by different counsel, signed an acknowledgment of rights stating that he understood and voluntarily waived all defenses and constitutional rights. Although no plea negotiations were entered into, the county attorney, after the entry of the signed acknowledgment of rights, but prior to the entry of defendant’s pleas, stated that he would recommend a commitment to the State prison for a term of not more than six nor less than three years. The court called a recess during which it was agreed that the alleged offenses constituted Class A felonies. The entire proceeding was recorded, and the acknowledgment of rights form was changed to reflect the agreement concerning the classification of the offenses. The county attorney then recited to the court the facts the State would prove were the case to be tried.

The court next addressed the defendant and reviewed the acknowledgment of rights with him. The defendant stated among other things that he was pleading guilty because he was guilty, that he understood there was no plea bargain and that the court was not bound by the recommendation of the county attorney, and that the penalty could be as high as fifteen years and a fine of $2,000. The court found that defendant’s decision to plead guilty was “freely, voluntarily and intelligently made” and that he fully understood “all rights [he was] waiving by pleading guilty.” State v. Beaulieu, 115 N.H. 483, 344 A.2d 3 (1975); St. Pierre v. Vitek, 114 N.H. 766, 330 A.2d 117 (1974).

Defense counsel called a doctor who had been treating defendant for drug dependence and a priest to testify on defendant’s behalf. Defendant also took the stand.

The court imposed a sentence of not less than four nor more than eight years in the State prison on the cocaine charge with one year of the minimum suspended. On the marijuana charge, the court imposed a concurrent sentence of not less than one-and-a-half years nor more than three years. The court’s sentence also recommended that after one year the defendant be allowed to serve the balance of the sentence in the Hillsborough County House of Correction.

[313]*313Thereafter the defendant acquired new counsel and moved to vacate the pleas and for a new trial. A hearing was held before DiClerico, J., at which only oral arguments were presented. The court on July 11, 1978, denied the motion without prejudice to renew the same for the purpose of an evidentiary hearing. Such a motion was filed and an evidentiary hearing was held before Contas, J., on August 14,1978, at which the State police detective corporal who was in charge of the investigation of defendant testified. He stated that he had offered to assist defendant by making a favorable recommendation to the county attorney if defendant cooperated by giving information about others which would give him probable cause with respect to them.

He stated that defendant did give him some information but it was not enough to be of value. Defendant’s lawyer at the time of the plea was also a witness and, under a waiver of the attorney-client privilege, testified about his representation of defendant. In substance he stated that after receiving information from the State, conferring with the detective corporal and with his client, he formed the opinion that the case could be “bargained out so that probation might be given to my client.” He was careful, however, not to state that such a bargain had been made but only that it was his conclusion that one could be made. He did state that the detective had told him about two months before the plea that the information he was giving the detective was not sufficient. He stated that the officer never told him he was not going to make a favorable recommendation. He further stated that when he came to court on March 1, 1978, he believed that he could work out a plea agreement and did not expect to go to trial and was not prepared to go to trial. When he learned that the recommendation would be commitment, he so informed his client, and after some discussion, which included a weighing of the strengths and weaknesses of his case, advised him that he had “a fairly good opportunity to get probation.” This was based on the facts that defendant was twenty-six years old and married, that he had no prior criminal record, that Dr. Rizzo and Father Robie both would testify on his behalf, and that the probation department report did not recommend commitment to the State prison, but rather to a house of correction.

The defendant also took the stand. He testified that he had been led by the detective to believe that by cooperating with him the charge against his wife would be dropped and that he would get a favorable recommendation. He also stated that he had given the detective all the information he could get and was never told that a favorable recommendation would not be made. Defendant further testified that he changed his statement to the court regarding possession with intent to [314]*314sell because of prompting by his attorney, and that he was “not guilty of possessing the amount stated by the indictment with intent to sell.” (Emphasis added.)

The court on August 18,1978, found that defendant was represented by competent counsel at the time of the plea, that he was not denied any constitutional rights, and “that he freely, knowingly and voluntarily pleaded guilty.” His exceptions were transferred by Contas, J.

Defendant’s basic argument in this court is that the record shows that his pleas of guilty were “coupled with claims of innocence, denials of guilt and by statements which if true could establish that defendant was not guilty of the crimes with which he was charged.” He first urges us to adopt a rule that no plea of guilty can be accepted if coupled with claims of innocence, although he admits that North Carolina v. Alford, 400 U.S. 25 (1970), does not require such a rule. He further argues that the pleas in these cases do not meet the requirements of Alford because there is no evidentiary showing of a strong factual basis for the guilty pleas. He also complains that at the time of his plea the judge did not inform him of the presumption of innocence, the permissible range of punishment and the right to avail himself of all possible defenses.

Disposing of the last contention first, the record shows that Justice DiClerico meticulously informed defendant of his rights and specifically informed him of the range of punishment and that he had the “right not to be convicted except by proof beyond a reasonable doubt.” Although no explicit reference was made of the “presumption of innocence,” we find no error in not including it as one of the rights given up before accepting a plea.

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Bluebook (online)
401 A.2d 1076, 119 N.H. 311, 1979 N.H. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beaulieu-nh-1979.