State v. Lloyd

507 A.2d 992, 199 Conn. 359, 1986 Conn. LEXIS 777
CourtSupreme Court of Connecticut
DecidedApril 15, 1986
Docket12238
StatusPublished
Cited by25 cases

This text of 507 A.2d 992 (State v. Lloyd) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lloyd, 507 A.2d 992, 199 Conn. 359, 1986 Conn. LEXIS 777 (Colo. 1986).

Opinion

Santaniello, J.

The principal question raised in this appeal is when, and under what circumstances, a trial court must order a competency hearing before ruling on a motion to withdraw a guilty plea and before imposing sentence. On March 9, 1983, the defendant, Lawrence Lloyd, pleaded guilty to the crime of possession of cocaine with intent to sell, in violation of Gen[360]*360eral Statutes (Rev. to 1981) § 19-480a. The trial court, after conducting an extensive canvass, accepted his plea. He was sentenced on May 6,1983, to twelve years imprisonment and was ordered to pay a $3000 fine. The defendant appeals, claiming that the trial court erred: (1) in denying his motion to withdraw his plea of guilty without conducting a hearing to determine his competence on the day he entered his plea; and (2) in imposing sentence without conducting a hearing to determine his competence at the time of sentencing. We find no error.

The chronology of events and circumstances surrounding the entry of the plea and imposition of sentence are as follows. The defendant was arrested on January 24, 1982, in Meriden and charged with possessing four and one-half pounds of cocaine with intent to sell. He was released on bond and appeared in court on March 9,1983, to enter his plea of guilty. Pursuant to Practice Book §§ 711 through 713, the trial court, Norcott, J., asked him a series of questions to ensure that his plea was made knowingly, voluntarily and intelligently. The court specifically asked him if he was at that time under the influence of any medication or narcotics and he responded “No.” The court thereafter accepted the plea and continued the case for sentencing on April 15,1983. The defendant remained free on bond until the sentencing date, but when he failed to appear, the bond was forfeited and his re-arrest was ordered. Defense counsel at oral argument indicated that he was re-arrested on the evening of May 5,1983.

On May 6, 1983, the defendant was brought before the trial court, Kinney, J., for sentencing on the charge of possession with intent to sell and for plea on the charge of failure to appear. At that time defense counsel requested that the guilty plea be withdrawn and that the court hold a hearing on the defendant’s competency. The court denied both requests and proceeded [361]*361to sentencing. During the hearing the defendant testified that at the time of his arrest he used cocaine daily and sold the narcotic to support his habit. The court also had as part of the presentence investigation report a ten month old medical report indicating that the defendant had been addicted to cocaine in the past and that the defendant had suffered from “organic brain disease, probably due to chronic, sustained drug abuse.”

I

The defendant first challenges the propriety of the trial court’s denial of his motion to withdraw his plea of guilty. He claims that he was incompetent on March 9, 1983, the day he entered his plea, and that the trial court should have ordered a hearing on the issue before denying the motion.1 In support of his motion to withdraw, the defendant averred that on the day of the plea he was under the influence of drugs and did not understand the questions that were asked or the meaning of his plea. The defendant did not state when the drugs had been consumed, how much he had taken, or even what type of narcotic he had used.

Our discussion of this issue begins with the fundamental principle that a guilty plea violates constitutional requirements of due process if made while the defendant is incompetent. Drope v. Missouri, 420 U.S. 162, 171-75, 95 S. Ct. 896, 43 L. Ed. 2d 103 (1975); State v. Watson, 198 Conn. 598, 603, 504 A.2d 497 (1986); State v. Torres, 182 Conn. 176, 184-86, 438 A.2d 46 (1980). As we have recently stated, “every valid guilty [362]*362plea must . . . [represent] a knowing choice among available alternative courses of action, an understanding of the law in relation to the facts, and sufficient awareness of the relevant circumstances and likely consequences of the plea. McCarthy v. United States, 394 U.S. 459, 466, 89 S. Ct. 1166, 22 L. Ed. 2d 418 (1969) . . . . ” (Citations omitted.) State v. Watson, supra, 604.

After a guilty plea is accepted, but before the imposition of sentence, the defendant may withdraw his plea if he establishes a ground for relief under Practice Book § 721.2 State v. Lasher, 190 Conn. 259, 265, 460 A.2d 970 (1983); State v. Torres, supra, 185. To warrant consideration of withdrawal, the defendant “must allege and provide facts which justify permitting him to withdraw his plea under § 721. [State v. Deboben, 187 Conn. 469, 474, 446 A.2d 828 (1982)].” State v. Lasher, supra, 266. If the defendant alleges in his motion for withdrawal that he was incompetent at the time he entered his plea, an evidentiary hearing may be required to explore further the issue of competence. United States v. Masthers, 539 F.2d 721, 726 (D.C. Cir. 1976); State v. Watson, supra, 611-14. “ ‘In considering whether to hold an evidentiary hearing on a motion to withdraw [363]*363a guilty plea the court may disregard any allegations of fact, whether contained in the motion or made in an offer of proof, which are either conclusory, vague or oblique. For the purpose of determining whether to hold an evidentiary hearing, the court should ordinarily assume any specific allegations of fact to be true. If such allegations furnish a basis for withdrawal of the plea under § 721, and are not conclusively refuted by the record of the plea proceedings, and other information contained in the court file, then an evidentiary hearing is required.’ State v. Torres, supra, 185-86; see State v. Lasher, [supra].” State v. Watson, supra, 612-13; see also United States v. Fournier, 594 F.2d 276, 278-79 (1st Cir. 1979).

After carefully reviewing the record of the plea canvass and the proceedings on the motion to withdraw, we conclude that the defendant failed to establish the need for a hearing to determine his competence on March 9,1983, and that the trial court therefore properly denied the motion without first ordering a hearing. The defendant’s allegations concerning his use of drugs on March 9 were conclusory and were not supported by specific facts. Cf. United States ex rel. Early v. Morris, 396 F. Sup. 827 (N.D. Ill. 1975) (motion included specific facts concerning amounts, time of ingestion, history of abuse, and documentation of previous requests for hospitalization).

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Cite This Page — Counsel Stack

Bluebook (online)
507 A.2d 992, 199 Conn. 359, 1986 Conn. LEXIS 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lloyd-conn-1986.