State v. Garner

2001 MT 222, 36 P.3d 346, 306 Mont. 462, 2001 Mont. LEXIS 483
CourtMontana Supreme Court
DecidedNovember 8, 2001
Docket00-091
StatusPublished
Cited by21 cases

This text of 2001 MT 222 (State v. Garner) is published on Counsel Stack Legal Research, covering Montana 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. Garner, 2001 MT 222, 36 P.3d 346, 306 Mont. 462, 2001 Mont. LEXIS 483 (Mo. 2001).

Opinions

JUSTICE REGNIER

delivered the Opinion of the Court.

¶1 On November 15, 1999, Russell G. Gamer filed a motion to withdraw his guilty pleas. The District Court denied his motion. Gamer appeals. The following issues are dispositive:

1. Did the District Court violate Garner’s due process rights by failing to hold a hearing to determine Garner’s competence to stand trial?

[464]*4642. Did the District Court abuse its discretion by denying Garner’s motion to withdraw his guilty pleas?

3. Did Garner’s motion to withdraw his guilty pleas constitute a critical stage of the proceedings?

¶2 We affirm.

BACKGROUND

¶3 On June 16, 1995, Russell Garner and Steven Newhouse were charged with the theft of a pickup truck. Garner was also charged with forgery. The State alleged that Newhouse and Garner stole a truck from Missoula, Montana, and that Garner later presented a stolen check at the EZ Money in Great Falls, Montana. Garner and Newhouse were prosecuted separately and Gamer was the sole defendant on the forgery charge. After counsel was appointed to Garner, he entered a plea of not guilty.

¶4 The trial commenced on November 29, 1995, with Larry LaFountain appearing as counsel for Gamer. The State called as witnesses the owner of the check, which Garner presented to EZ Money, and employees of EZ Money who identified Garner as the man who attempted to sign the stolen check. The owner of the pickup track in question then testified that his track had been missing for about ten days prior to the incident at EZ Money and that neither Garner nor Newhouse had his permission to use it.

¶5 John Sowell, a detective with the Great Falls Police Department, appeared next as a witness. He had responded to the incident at EZ Money and testified at trial that, after Garner was arrested and read his Miranda rights, Gamer informed him that he had taken the track from Missoula and picked up a friend in Bozeman several days later. During cross-examination of Sowell, LaFountain established that Newhouse was the only person seen driving the pickup and that Sowell was unable to obtain any fingerprints from the truck. LaFountain also established that Sowell’s memory of his conversation with Garner was refreshed by looking at his report, which he dictated after the incident.

¶6 Following the prosecutor’s redirect examination, LaFountain informed the court at a side-bar conference that Garner wished to question Sowell himself. After an objection by the prosecution, the court determined that it would take up the issue the following day. The next morning, LaFountain told the court that Garner wanted to “do part of the questioning of some of the [State’s] witnesses.” The State opposed the request. The court inquired if Gamer wanted to represent himself. While LaFountain said that he did not, he indicated that he and Garner were in conflict over some of Garner’s requests. The court told LaFountain that, unless Gamer dismissed him as counsel, LaFountain had the authority to decide whether a question Gamer posed was appropriate. The court ultimately denied Garner’s request to examine the State’s witnesses.

[465]*465¶7 LaFountain then asked for a recess in order to file a motion to dismiss for lack of a speedy trial. The court denied the request. LaFountain again indicated that he and Gamer were unable to cooperate. After further discussion, the court informed Garner that he needed to determine whether he wished to continue to be represented by LaFountain or whether he wished to represent himself. Garner informed the court that he wished to represent himself. After further questioning, Garner proceeded pro se and the court appointed LaFountain as standby counsel. Before the trial continued, LaFountain informed the court that he wished to question Gamer on the stand about his medication. At this time, Garner clearly expressed his unhappiness with LaFountain’s representation.

¶8 Following this exchange, Garner requested that the court recall those witnesses that had previously been excused. The court refused. The trial proceeded, and Garner cross-examined the remaining State witnesses. After the State rested, Garner moved to dismiss the case for lack of evidence. The court denied the motion and after a short break, the trial proceeded. Before Garner commenced his case-in-chief, the following conversation took place:

COURT: Mr. Gamer, how are you coming?
GARNER: Good.
COURT: All right. I want to make sure that before we proceed any further, that you understand exactly what it is you’re doing here. You know, of course, that the sixth amendment guarantees you the right to counsel?
GARNER: Yes.
COURT: And you’ve had counsel appointed for you?
GARNER: Yes.
COURT: Okay. Now, I want to make sure that you’re aware of the nature of the charges against you. You understand that you’re charged with theft and that you’re charged with forgery.
GARNER: Yes.
COURT: Do you know what the penalties are for those offenses?
GARNER: Twenty years for forgery, up to 20 years and up to 10 years, and also Mrs. Macek is seeking persistent felony offender on me, so anywhere from 5 to 100 tacked on the end of that.
COURT: OK, I mean -
MACEK: Just as a correction to that, Your Honor, because Mr. Garner has already been declared as a persistent felony offender once, he actually, if convicted, is facing an additional minimum of 19 years to 100 years and that that sentence must run consecutively to his sentence on the underlying charges.
COURT: OK. The penalty then for theft is, I think you said 10 years.
GARNER: Yes.
COURT: In the Montana State Prison to on, up to 10 years and a [466]*466fine of $50,000 or both. And for forgery, the penalty is imprisonment in the state prison for a term of not more than 20 years or a fine of not more than $50,000 or both. And then the persistent felony, or persistent offender issue is tacked on to that as a consecutive.
GARNER: Excuse me, Your Honor, I’d like to know what amendment guarantees me the right to a fast and speedy trial.
COURT: I’m not sure which one it is. But it’s one of the first 10 amendments.
GARNER: Yes.
COURT: And you’re aware of that. And you indicated that you intend to raise that as an issue. And you’re certainly entitled to do that as grounds for an appeal if you should be convicted.
As you know, the order that I issued required that pretrial provisions be required four weeks before trial and your attorney discussed -
GARNER: And I asked him to.
COURT: I understand you asked him to and he said that he did not believe that the motion was well taken. He so chose in his capacity as counsel not to file that motion, which is his obligation to make the determination.

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Bluebook (online)
2001 MT 222, 36 P.3d 346, 306 Mont. 462, 2001 Mont. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garner-mont-2001.