State v. Harden

506 So. 2d 1265
CourtLouisiana Court of Appeal
DecidedMay 6, 1987
Docket18502-KA
StatusPublished
Cited by17 cases

This text of 506 So. 2d 1265 (State v. Harden) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Harden, 506 So. 2d 1265 (La. Ct. App. 1987).

Opinion

506 So.2d 1265 (1987)

STATE of Louisiana, Appellee,
v.
Charles "Bull" HARDEN, Appellant.

No. 18502-KA.

Court of Appeal of Louisiana, Second Circuit.

May 6, 1987.

*1267 Stephen Katz, Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, James A. Norris, Dist. Atty., and Lee Ineichen, Asst. Dist. Atty., Monroe, for appellee.

Before JASPER E. JONES, FRED W. JONES, Jr., and NORRIS, JJ.

JASPER E. JONES, Judge.

The defendant, Charles "Bull" Harden, pled guilty to manslaughter and aggravated burglary, violations of LSA-R.S. 14:31; 14:60.[1] The trial court sentenced him to consecutively serve 21 years at hard labor for the manslaughter conviction and 30 years at hard labor for the aggravated burglary conviction. He appeals the convictions and asserts that the sentences are excessive and in violation of LSA-Const. Art. 1, § 20 (1974).

We affirm.

FACTS

On April 13, 1985, the city police of Bastop, Louisiana, discovered the dead body of Cecil Johnson in his mobile home laying face up over a lounge chair in the living room. The victim had sustained a gunshot to the head and multiple knife-type wounds to the chest and abdomen. The victim's left hand had been severely cut resulting in his thumb and a finger being severed. The living room had been ransacked and there was blood in this area as well as in the bedroom/office area. A wall safe had been forceably removed from the bathroom wall and was found opened a short distance from the mobile home. The victim's wife related jewelry and cash had been taken and that her husband had kept a knife on a table near his lounge chair as well as a revolver under the chair, but these weapons were never found.

During the course of the investigation the police were informed that at approximately 2:00 a.m. that morning the defendant, who lived in a mobile home near the victim, had asked a friend to take him to a doctor as he had cut himself. The police also questioned two other witnesses, one of whom was the defendant's girl friend, who related the defendant had come to see them individually between 6:00 a.m.-7:00 a.m. on April 13, 1985, and told them that he had cut himself and that he thought that he had killed a man.

On April 14, 1985, the police made inquiries to area hospitals concerning anyone *1268 who might have been treated for a knife or gunshot wound. The police department of Crossett, Arkansas, reported that the defendant had been to the Crossett Hospital on April 13, 1985, at approximately 7:40 a.m., for treatment of a cut on his right hand and had left en route to the University Hospital in Little Rock, Arkansas, for surgery. The defendant received the surgery the next day. The physician who rendered the treatment reported the wound was inconsistent with the defendant's explanation that he had cut his hand on a car motor fan. It was the physician's opinion the defendant had cut his hand with a sharp instrument such as a knife. The defendant was arrested on April 16, 1985, as he was leaving the University Hospital.

The defendant was indicted by a grand jury on charges of first degree murder and aggravated burglary.[2] At the preliminary examination the contents of defendant's prior statements were established and revealed defendant had gone to the victim's mobile home to discuss late rental payments. The victim was the landlord of the defendant. The statements revealed the defendant had gone "berserk" when he cut his hand on a knife the victim had pulled on him. A fight ensued when the victim produced a .44 magnum revolver from under his chair and it went off during the struggle striking the victim in the head. Autopsy reports indicated numerous stab wounds to the victim's chest and abdomen were inflicted and the victim sustained a blow to the head that crushed a portion of the skull. In this statement the defendant had acknowledged he returned with an accomplice to the mobile home about fifteen minutes after the initial confrontation armed with a screwdriver, stole approximately $2,300 from the wall safe and the accomplice stabbed the victim after the victim moaned. The state subsequently filed notice of intent to seek the death penalty and a request for enhancement of sentence for use of a firearm in the commission of a felony in accordance with LSA-C.Cr.P. art. 893.1.[3] A plea bargain was agreed upon whereby the state would dismiss the first degree murder charge upon the defendant unconditionally pleading guilty to manslaughter and aggravated burglary. The defendant changed his plea to guilty of both charges and was sentenced as previously related. The defendant appeals the convictions and the sentences imposed asserting the following assignments of error:

Assignment of Error # 1—The defendant was not afforded a complete explanation of his constitutional rights at the time he entered his pleas of guilt.

Assignment of Error # 2—There was not a factual basis for the trial court to accept defendant's pleas of guilt.

Assignment of Error # 3—The imposed sentences are unconstitutionally excessive and harsh

* * * * * *

Assignment of Error # 1—Was the defendant's plea constitutionally valid?

A guilty plea will not be considered valid unless the plea was a free and voluntary choice on the part of a defendant. *1269 The decision to plead guilty will not be considered free and voluntary unless, at the very least, the defendant was advised of his constitutional rights against self-incrimination, to a trial by jury and to confront his accusers. There must also be an express and knowing waiver of those rights and the waiver must be on the record, which must unequivocally show that the waiver was free and voluntary. The preferred method of proof of a free and voluntary waiver is a colloquy between the judge and defendant. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State v. Nuccio, 454 So.2d 93 (La.1984).

Were the guilty pleas constitutionally valid?

The defendant argues that the trial court failed to specifically advise of his "right to trial without being forced to testify against himself." The defendant also asserts that his pleas were not voluntary as he was never formally charged with manslaughter and never had the elements of this crime explained to him by the trial court. The defendant concludes by contending the record does not make the required constitutional showing that the pleas were made with a complete understanding of the charges and that the pleas were in violation of the constitutional requirements.

The record shows that at the hearing at which the guilty pleas were accepted the trial court and the defendant engaged in a colloquy which, in relevant part, shows the following:

MR. SPIRES: Next matter, your Honor, on the felony docket is a change of plea, uh, Charles Harden. Harden uh, is presently charged with first degree murder and aggravated burglary. I understand that uh, he is to plead to manslaughter and aggravated burglary.
MR. BRASS: Your Honor, that is correct. I represent Mr. Harden. Uh, we have discussed the matter with the district attorney's office. At this time, Mr. Harden will withdraw his plea of not guilty to first degree murder, tenative plea of guilty to manslaughter and aggravated burglary. [emphasis added]
. . . . . .
THE COURT: Will you state your name, please sir?
A.

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Bluebook (online)
506 So. 2d 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harden-lactapp-1987.