State v. Brown

825 P.2d 482, 121 Idaho 385, 1992 Ida. LEXIS 6
CourtIdaho Supreme Court
DecidedJanuary 10, 1992
Docket18442
StatusPublished
Cited by597 cases

This text of 825 P.2d 482 (State v. Brown) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brown, 825 P.2d 482, 121 Idaho 385, 1992 Ida. LEXIS 6 (Idaho 1992).

Opinions

JOHNSON, Justice.

This is a criminal case. In affirming convictions and sentences for rape, robbery, and aggravated battery we hold that the trial court did not abuse its discretion by (1) refusing to allow the withdrawal of the defendant’s guilty pleas, (2) considering the defendant’s juvenile records at the sentencing hearing, (3) admitting into evidence at the sentencing hearing the defendant’s death threat list and letters by the defendant describing other violent crimes, (4) not disqualifying himself upon learning of a death threat against him by the defendant, and (5) not granting the defendant’s request to be examined by an expert of the defendant’s choice concerning the defendant’s mental capacity. We also hold that the trial court did not act unreasonably or impose cruel and unusual punishment by sentencing the defendant to a fixed life sentence.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

On March 21, 1989, someone entered a business in Lewiston, Idaho, forced a female employee into a back room, beat her on the head with a brick, raped her, stabbed her twice in the chest with a knife, and cut her throat. The assailant also robbed the victim of her jewelry and credit cards. The victim survived after receiving emergency heart surgery.

The victim identified Robert L. Brown as her assailant. A number of people had witnessed Brown going to and from the business where the victim worked. Pursuant to a search warrant, officers searched Brown and found credit cards and other items belonging to the victim. Other evidence also linked Brown to the incident.

On March 22, 1989, officers arrested Brown. The prosecutor filed a complaint charging Brown with (1) rape, (2) robbery, (3) aggravated battery, (4) battery with intent to commit a serious felony, (5) attempted murder in the first degree, (6) grand theft, and (7) burglary in the second [387]*387degree. The prosecutor also sought an enhanced sentence against Brown for inflicting great bodily harm on the victim. Following a preliminary hearing, the magistrate judge bound Brown over for trial on these charges.

On June 22, 1989, Brown filed a written application with the trial court stating his intent to plead guilty to the charges of rape, robbery, and aggravated battery pursuant to a plea bargain by which the state would dismiss the other charges and would strike the notice of intent to seek an enhanced sentence against Brown. Brown’s attorney prepared this application, and Brown signed it. In the application Brown stated in detail that he understood the maximum penalties that could be imposed by the trial court, that he was pleading guilty voluntarily, and that he waived the rights he would have if he pled not guilty.

Before accepting Brown’s guilty pleas, the trial court extensively questioned Brown to determine whether his pleas were voluntary and whether Brown understood the consequences of the pleas. The trial court specifically asked Brown if he understood that he could withdraw his pleas before the trial court accepted them and proceed to trial. The trial court also explained that if it accepted the pleas, the trial court would not allow Brown to withdraw his guilty pleas unless Brown could show the trial court a reason based in law to do so. Brown stated that he understood the implications of pleading guilty. After further interrogation of Brown and a recitation by the prosecutor of the evidence the state would offer to prove the charges, the trial court accepted the guilty pleas, ordered a presentence report, and scheduled Brown’s sentencing for August 11, 1989.

During the presentence investigation, Brown refused requests of the presentence investigator to sign a release allowing the presentence investigator to obtain Brown’s juvenile records from the Department of Health and Welfare (the Department). On July 25, 1989, the prosecutor filed a motion requesting that the trial court order the Department to release Brown’s juvenile records.

On August 2, 1989, the presentence investigator completed the presentence investigation report, except the portion summarizing Brown’s juvenile record. On August 8, 1989, Brown moved to withdraw his guilty pleas claiming that his attorney had said that Brown could withdraw his guilty pleas at any time and proceed to trial, if he desired to do so. Brown said that he had not yet read the presentence investigation report. The trial court denied Brown’s motion to withdraw his pleas.

In September, 1989, Brown sought and obtained a psychological evaluation at the county’s expense on the ground that there was reason to believe that Brown’s mental condition would be a significant factor at sentencing. In early November 1989, Brown sought and obtained a psychiatric examination at county expense claiming that there was reason to doubt whether Brown lacked capacity to understand the proceedings against him or to assist in his own defense as a result of a mental disease or defect. The trial court also ordered the Department to release Brown’s juvenile records to the presentence investigator. The presentence investigator then submitted an addendum to the presentence report incorporating information from Brown’s juvenile record.

The court-appointed psychologist diagnosed Brown as having an anti-social personality, together with psycho-active substance abuse and an adjustment disorder with mixed disturbance of emotion and conduct. The psychiatrist concluded that Brown (1) was not mentally ill, (2) was capable of assisting in his defense, and (3) understood the proceedings against him. At the sentencing hearing, Brown requested a new examination by an expert of his own choosing concerning the psychiatrist’s conclusions. The trial court denied this request.

At the sentencing hearing, the trial court considered the presentence investigation report, the addendum to the report, Brown’s juvenile records, and Brown’s court-appointed psychological and psychiatric evaluations. In addition, the trial court admitted in evidence a “death list” in which [388]*388Brown threatened to kill various people, and letters written by Brown to a fellow inmate describing homicides and other acts of violence he had perpetrated.

Brown moved to have the trial judge disqualified claiming that the trial judge was biased against Brown after reading the “death list.” The trial judge denied the motion and stated that Brown’s threat against the judge had no effect on the judge’s impartiality.

At the conclusion of the sentencing hearing, the trial court stated that it had reviewed the objectives of sentencing and the criteria that guide a trial court in determining appropriate sentences. The trial court sentenced Brown to a fixed life term for the rape, fifteen years to life for the robbery, and a fixed term of fifteen years for the aggravated battery charge. The trial court ordered these sentences to run concurrently. Brown appealed.

II.

THE TRIAL COURT DID NOT ABUSE ITS DISCRETION IN REFUSING TO ALLOW THE WITHDRAWAL OF THE GUILTY PLEAS.

Brown asserts that the trial court abused its discretion in refusing to allow the withdrawal of his guilty pleas. We disagree.

In State v. Carrasco, 117 Idaho 295, 787 P.2d 281 (1990), we reaffirmed that the standard of review on appeal in cases where a defendant has attempted to withdraw a guilty plea is whether the trial court abused its discretion in denying the motion. In Carrasco,

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Bluebook (online)
825 P.2d 482, 121 Idaho 385, 1992 Ida. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-idaho-1992.