State v. Hall

706 P.2d 1074, 104 Wash. 2d 486, 1985 Wash. LEXIS 1269
CourtWashington Supreme Court
DecidedSeptember 26, 1985
Docket50997-2
StatusPublished
Cited by32 cases

This text of 706 P.2d 1074 (State v. Hall) 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. Hall, 706 P.2d 1074, 104 Wash. 2d 486, 1985 Wash. LEXIS 1269 (Wash. 1985).

Opinions

Goodloe, J.

Gary Lee Hall pleaded guilty to possession of a controlled substance. He later was convicted by a jury of first degree escape. He appeals the trial court's decision not to allow withdrawal of his guilty plea due to the prosecutor's alleged breach of the plea bargain agreement, the [488]*488trial court's use of this prior conviction as a basis for the first degree escape charge, and the trial court's holding that the escape charge did not violate equal protection.

We hold that the prosecutor did not breach the plea bargain agreement and the prior conviction was properly used as an element for the first degree escape charge. However, we hold that the first degree escape charge violated Hall's right to equal protection and reverse. This decision makes it unnecessary to address Hall's other allegations of improper prosecutorial comment and improper judicial comment at the first degree escape trial and sentencing.

On February 16, 1982, the Clark County sheriff's department made numerous arrests of alleged members of a heroin conspiracy ring called the "Malaysian Connection". On that day with reporters and television cameras present, the sheriff's department arrested Hall for a controlled substance, heroin, violation. The media represented Hall to be a member of the "Malaysian Connection". Subsequent police investigation revealed that Hall had no involvement with the heroin ring.

The State and Hall began plea bargain negotiations. Hall agreed to plead guilty to possession of heroin, and the prosecutor agreed to make known to the press that ” [Hall] had no connection with the conspiracy, possession, nor delivery of heroin relating to the other defendants in this case". Clerk's Papers, at 3. This agreement was listed in appellant's statement on plea of guilty. It was also discussed orally before the trial court when the court accepted Hall's plea of guilty on April 16, 1982.

On May 28, 1982, Hall was given a suspended sentence and placed in a work release program administered from Vancouver City Jail for a term of 6 months. Hall began the work release program on July 16, 1982.

On July 23, 1982, Hall appeared in court for entry of an order correcting a wrong charge placed on his sentence and obtained leave of the court to work on Saturdays. That same day, after being released for work, Hall failed to return to the jail. Hall surrendered himself in open court on [489]*489August 20, 1982. The prosecutor moved to revoke Hall's suspended sentence and charged Hall with first degree escape.

Articles published in the Vancouver Columbian on August 29, 1982, continued to link Hall to the "Malaysian Connection". The August 15, 1982 article was a followup article on the "Malaysian Connection" roundup and gave a status report on those arrested. Gary Lee Hall was included in the list. The August 19, 1982, article in the "courts" column discussed Hall's escape charge and specifically identified Hall as "one arrested last winter as part of what law enforcement officials called a Malaysian-connected heroin ring." Clerk's Papers, at 19.

Affidavits and a motion to withdraw Hall's plea of guilty were prepared and sent to the prosecutor. In response, the prosecutor sent Hall a copy of a letter he wrote to the Vancouver Columbian dated September 2, 1982, informing the newspaper that Hall was not involved in the "Malaysian Connection".

On September 7, 1982, Hall filed the motion to withdraw his plea of guilty. The trial court denied the motion. On September 13, 1982, the Vancouver Columbian ran an article entitled "Withdrawal of guilty plea in heroin case nixed". The article begins "Gary Lee Hall was not part of a Malaysian-connection heroin ring" and continues to describe the motion to withdraw plea of guilty proceeding including the parties' arguments and the court's ruling.

Hall entered a plea of not guilty to the first degree escape charge. Prior to trial, he moved to dismiss the information on the grounds the charge violated his right to equal protection of the laws. This motion and a subsequent motion to arrest judgment on the same grounds were denied.

The first degree escape trial was held on October 20, 1982. The jury convicted Hall of first degree escape.

Sentence was imposed on October 29, 1982. The court, finding Hall had violated his probation, revoked it. The court sentenced Hall to prison for the controlled substance conviction and the first degree escape conviction. Hall [490]*490appealed. Hall's appeals related to the motion to withdraw plea of guilty and to the first degree escape trial were consolidated by the Court of Appeals, Division Two, and certified to this court for review. We now will address the issues.

I

Hall argues the plea bargain agreement was breached by the prosecutor and therefore the court should have granted the motion to withdraw his plea of guilty. The term allegedly not complied with stated "the Prosecutor . . . will make known to the press that [Hall] had no connection with the conspiracy, possession nor delivery of heroin relating to the other defendants in this case". Clerk's Papers, at 3.

The State is obligated to comply with the terms of a plea bargain agreement. Santobello v. New York, 404 U.S. 257, 30 L. Ed. 2d 427, 92 S. Ct. 495 (1971); State v. Tourtellotte, 88 Wn.2d 579, 584, 564 P.2d 799 (1977). Full and wholehearted compliance is required. In re Palodichuk, 22 Wn. App. 107, 110, 589 P.2d 269 (1978).

Courts have recognized that a "petitioner had a right analogous to a contract right once the plea bargain was entered". Palodichuk, at 110. Accord, State v. James, 35 Wn. App. 351, 355, 666 P.2d 943 (1983). "[W]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled." Santobello, at 262. " [P]rosecutorial negation of a plea agreement presents an issue of constitutional magnitude. A plea bargain involves the waiver of several constitutional rights." (Citations omitted.) In re James, 96 Wn.2d 847, 849, 640 P.2d 18 (1982).

The appellant's plea of guilty, after discussion in open court of the written terms of the plea bargain, was entered April 16, 1982. Two articles still connecting appellant with the "Malaysian Connection" appeared on August 15 and August 29, 1982, in the Vancouver Columbian.

Clearly, the prosecutor pursuant to the plea bargain [491]*491agreement had a duty to notify the press that Hall was not involved with the "Malaysian Connection" ring. And clearly, it would have been better if the press had been notified sooner. However, the press had been notified before the motion to withdraw the plea of guilty was filed and was decided by the court. As noted by the trial court giving its decision from the bench, "a different view might be taken with respect to [the motion] had a request been made to comply specifically with the provision in the plea bargain and some refusal or negligence been shown".

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Cite This Page — Counsel Stack

Bluebook (online)
706 P.2d 1074, 104 Wash. 2d 486, 1985 Wash. LEXIS 1269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-wash-1985.