State v. Ford

891 P.2d 712, 125 Wash. 2d 919, 1995 Wash. LEXIS 139
CourtWashington Supreme Court
DecidedMarch 16, 1995
Docket62075-0
StatusPublished
Cited by39 cases

This text of 891 P.2d 712 (State v. Ford) is published on Counsel Stack Legal Research, covering Washington 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. Ford, 891 P.2d 712, 125 Wash. 2d 919, 1995 Wash. LEXIS 139 (Wash. 1995).

Opinions

[921]*921Guy, J.

At issue is the precise scope of the right to plead guilty, which we have previously found to be established by court rule. State v. Martin, 94 Wn.2d 1, 614 P.2d 164 (1980). Mr. Ford argues the trial court’s decision not to accept his guilty plea violates the right to plead guilty under Martin. "We affirm the trial court.

The Defendant was charged by information on April 27, 1994, with three counts of first degree murder. At arraignment Mr. Ford, through his counsel, proffered a plea of guilty. The prosecutor immediately moved for a continuance of the arraignment, stating he possessed potentially exculpatory material which needed to be disclosed to the Defendant prior to any plea. See generally Brady v. Maryland, 373 U.S. 83, 10 L. Ed. 2d 215, 83 S. Ct. 1194 (1963). The court continued the arraignment proceeding for a week and did not accept the proffered guilty plea. During the following week, potentially inculpatory evidence was discovered. The State moved to amend the charge to aggravated first degree murder. The trial court granted the motion to amend but stayed it pending review. The Defendant sought discretionary review of the trial court’s decision. We accepted certification from the Court of Appeals.

We hold the right to plead guilty under Martin does not limit the trial court’s independent obligation under the criminal rules to satisfy itself that the plea is factually based and voluntary. We further hold that the continuance and amendment of the information were properly granted.

Background

This case concerns a triple murder that occurred early in the morning of Sunday, April 24, 1994. The Defendant was arrested soon after the murders and charged on Wednesday, April 27, with first degree murder. The Defendant was arraigned on Friday, April 29.

At arraignment, the prosecutor read the charges and then stated: "I’m going to ask your attorney to acknowledge receipt of the information; to waive any further formal reading of that information by me now in court; and to enter a plea in your behalf.” Counsel for Mr. Ford then responded: "Your [922]*922Honor, we have received a copy of the information. We will waive further formal reading. Your Honor, acting on Mr. Ford’s behalf, he has instructed me to indicate guilty, all three counts.” The prosecutor immediately requested a continuance of the arraignment on the grounds that the State had not given the Defendant any discovery and that the State was in possession of Brady information. The arraignment was continued for a week. During that week, further potentially inculpatory evidence was discovered. At the continued arraignment, the State asked for, and was granted, permission to amend the information to charge aggravated murder. The order amending the information was stayed pending review.

As a threshold matter, the State advances two arguments suggesting no plea was entered and that the right to plead guilty established by Martin was therefore not triggered. First, the State argues only those guilty pleas are validly entered which are actually uttered by the defendant in open court. See RCW 10.40.170 ("The plea of guilty can only be put in by the defendant himself in open court.”). Second, the State contends that entry of the plea was ineffective or incomplete, since (1) no "Statement of Defendant on Plea of Guilty” was submitted, and (2) the court did not conduct the required voluntariness inquiry. See CrR 4.2(g); CrR 4.2(d). We find no merit in either argument.

First, attorneys may be regarded as the authorized agents of their clients.

An attorney is impliedly authorized to stipulate to, and waive, procedural matters in order to facilitate a hearing or trial; but, in his capacity as an attorney, he is without authority to waive any substantial right of his client unless specifically authorized to do so.

(Italics ours.) In re Adoption of Coggins, 13 Wn. App. 736, 739, 537 P.2d 287 (1975). There is no question Mr. Ford authorized his counsel to enter a plea on his behalf. Second, the statement on plea of guilty and the voluntariness inquiry pertain to the court’s acceptance of a guilty plea, not the defendant’s attempt to enter one.

[923]*923Right To Plead Guilty

We turn next to the nature of the right to plead guilty. A defendant has a constitutional right to know the nature and cause of the accusation against him or her. Const, art. 1, § 22 (amend. 10); U.S. Const, amend. 6. There is, however, no constitutional right to enter a guilty plea. State v. Martin, 94 Wn.2d at 4; State v. Bowerman, 115 Wn.2d 794, 799, 802 P.2d 116 (1990). Nevertheless, a state may confer a right to plead guilty by other means, such as by court rules or statutes. Martin, 94 Wn.2d at 4 (citing North Carolina v. Alford, 400 U.S. 25, 38 n.11, 27 L. Ed. 2d 162, 91 S. Ct. 160 (1970)). In Martin we held that a right to plead guilty has been established in Washington by court rule. Martin, 94 Wn.2d at 4; CrR 4.2(a) ("A defendant may plead not guilty, not guilty by reason of insanity or guilty.”). The precise scope of this right is a question of law. We review issues of law de novo. Rice v. Dow Chem. Co., 124 Wn.2d 205, 208, 875 P.2d 1213 (1994).

The defendant in Martin asserted a right to plead guilty to a charge of first degree murder in order to avoid imposition of the penalty of death that might follow from a jury trial. Martin, 94 Wn.2d at 2. The trial court refused to accept the guilty plea "on the sole ground that the State’s right to request the death penalty prevented such an admission of guilt.” Martin, 94 Wn.2d at 3. This court reversed, noting: "[W]e have been informed of no statute or rule of court which grants a trial court authority to decline a plea of guilty made competently, knowingly, voluntarily, unconditionally, unequivocally and on advice of counsel.” Martin, 94 Wn.2d at 5. We held that CrR 4.2(a) grounds a right to plead guilty at arraignment "unhampered by a prosecuting attorney’s opinions or desires”. Martin, 94 Wn.2d at 5.

Martin nevertheless makes clear that the right to plead guilty is a creature of court rule. Martin, 94 Wn.2d at 4-5; see also North Carolina v. Alford, supra at 38 n.11 (state may confer right to plead guilty by statute or by other means). Because the right is created by court rules or stat[924]*924utes, its scope can be limited or qualified by them.1 Mr. Ford argues that once a guilty plea is proffered, Martin compels the trial court to determine immediately its vol-untariness and to accept the guilty plea if it was made knowingly, intelligently, and voluntarily. However, nothing in Martin cpmpels automatic and immediate acceptance of a proffered guilty plea. To the contrary, Martin

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Bluebook (online)
891 P.2d 712, 125 Wash. 2d 919, 1995 Wash. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ford-wash-1995.