State v. Locke

2008 MT 423, 198 P.3d 316, 347 Mont. 387, 2008 Mont. LEXIS 673
CourtMontana Supreme Court
DecidedDecember 16, 2008
DocketDA 08-0009
StatusPublished
Cited by8 cases

This text of 2008 MT 423 (State v. Locke) 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. Locke, 2008 MT 423, 198 P.3d 316, 347 Mont. 387, 2008 Mont. LEXIS 673 (Mo. 2008).

Opinions

JUSTICE MORRIS

delivered the Opinion of the Court.

¶1 James Curtis Locke (Locke) appeals from an order of the Fourth Judicial District Court, Missoula County, denying Locke’s motion to withdraw his Alford plea to the offense of felony robbery. We affirm.

¶2 Locke presents the following issue for review:

¶3 Whether the district court properly denied Locke’s motion to withdraw his Alford plea.

[388]*388PROCEDURAL AND FACTUAL BACKGROUND

¶4 Officers responded to a report of a fight near the 1-90 ramp at Van Buren Street in Missoula, Montana, on May 28, 2005. The report involved ajuvenile panhandling for money. Officer Hebert encountered Locke and a female companion. Locke and the woman volunteered that nothing had happened and that they were not with “the boy.” Officer Hebert had not mentioned a boy’s involvement.

¶5 The boy’s mother later approached the officers to inform them that Locke had assaulted her hearing-impaired son. Through his mother, the boy, age 13, stated that he had seen Locke and his female companion soliciting money from drivers at the interchange. He had decided to try the same thing. The boy had been standing at the interchange for a short time when a driver stopped and gave him five dollars. Locke approached the boy, punched him in the stomach with his left fist, and punched him in the lower back with his right fist. According to the boy, Locke then reached into the boy’s pocket and took the five dollars that the driver had given him. Locke told the officers that the boy was lying. Locke contended that the boy had swung first at him and that he had done nothing.

¶6 Locke initially pled “not guilty” to the felony robbery charge. Locke later informed the court, however, that he thought it was in his best interest to enter a plea of guilty and waive his rights. The court examined the information and affidavit and determined that a factual basis existed for the charge. The court accepted Locke’s Alford plea. The court ordered a presentencing investigation (PSI) report and scheduled sentencing.

¶7 The court reviewed the plea agreement and the PSI before sentencing. The PSI indicated that Locke still professed his innocence. The court advised Locke of the three types of pleas, including the right to plead “not guilty.” Locke again expressed his desire to enter an Alford plea. The court explained to Locke that his Alford plea meant that he was not admitting to the crime, but that he believed the State could prove that he had committed the crime. Locke indicated that he understood the meaning of his Alford plea. Locke further confirmed to the court that he understood that his Alford plea would result in a plea agreement that would allow him to receive a suspended sentence.

¶8 The court advised Locke that it would not revisit his original offense if it ever revoked his suspended sentence. Locke responded affirmatively to the court that he understood. The court advised the parties that it would follow the plea agreement. The court sentenced Locke to the Montana State Prison for five years. The court suspended [389]*389Locke’s sentence, imposed terms and conditions for the suspension, and released him on January 3, 2006.

¶9 The State petitioned to revoke Locke’s suspended sentence on March 2, 2006, for violations of the no alcohol and no bars condition of his suspended sentence. The State submitted a report of violations that included three infractions. Locke’s first infraction occurred when he admitted on January 9, 2006, that he drank a beer on his way from court to the probation office. Locke further admitted that he drank the following three days before his arrest by his probation officer. Locke’s second infraction happened when officers arrested him on February 7, 2006, for drinking in downtown Missoula. Locke agreed to a breathalyzer that revealed a blood alcohol content of 0.246. Locke’s third infraction took place on February 23, 2006, when his probation officer arrested him for arriving drunk at a scheduled probation appointment. Locke again agreed to a breathalyzer that revealed a blood alcohol content of 0.222.

¶10 Locke admitted to the violations. The court revoked Locke’s suspended sentence and sentenced him to a five-year commitment with the Department of Corrections (DOC). The court allowed credit for time previously served. The court remanded Locke to the custody of the DOC on March 14, 2006.

¶11 Locke timely filed a self-represented litigant petition for post-conviction relief in which he had alleged ineffective assistance of counsel. The District Court appointed counsel to represent Locke in the post-conviction proceeding. Locke filed a motion to withdraw his guilty plea. The District Court entered an order denying Locke’s motion to withdraw his plea. Locke appeals.

STANDARD OF REVIEW

¶12 We review a defendant’s motion to withdraw a guilty plea to determine if the guilty plea was voluntary. State v. Phillips, 2007 MT 117, ¶ 12, 337 Mont. 248, ¶ 12, 159 P.3d 1078, ¶ 12 (citations omitted). Our determination of whether a plea was voluntary involves a mixed question of law and fact that we review de novo. Phillips, ¶ 12. We review the underlying factual findings to determine if they are clearly erroneous. State v. Jones, 2008 MT 331, ¶ 12, 346 Mont. 173, ¶ 12, 194 P.3d 86, ¶ 12 (citations omitted). We review the district court’s interpretation and application of the law for correctness. Jones, ¶ 12.

[390]*390DISCUSSION

¶13 Whether the district court properly denied Locke’s motion to withdraw his Alford plea.

¶14 Locke’s Alford plea enabled him to enter a plea agreement that provided for a suspended sentence rather than the possible maximum term for felony robbery. Locke argues, however, that the court failed to establish a factual basis for his Alford plea when it reviewed only the information and affidavit. Locke claims that the court’s failure to establish a factual basis to support the plea provides “good cause” to withdraw his Alford plea, as allowed by § 46-16-105(2), MCA.

¶15 The crux of the issue on appeal is not whether the court’s colloquy with Locke established a factual basis to support Locke’s Alford plea. The issue for review is whether Locke voluntarily entered an Alford plea. Phillips, ¶ 12 (emphasis added). Guilty pleas must be voluntary, knowing, and intelligent. Phillips, ¶ 24. A plea is voluntary only when the defendant is aware fully of the direct consequences of the plea, including any commitments made to him by the court, the State, or his own counsel. Jones, ¶ 20.

¶16 The State filed the information and charged Locke with felony robbery. Locke appeared before the court, represented by counsel, and entered a plea of “not guilty.” Locke assured the court that he understood the proceedings, consequences, charge, and his rights. Locke later appeared before the court and changed his plea to “guilty” by entering an Alford plea. Locke again confirmed to the court that he understood the proceedings, consequences, charge, and his rights. Locke conceded that the “facts in the complaint” established a factual basis for the charge and his plea. The court inquired whether Locke believed the Alford plea to be in his best interest as required by § 46-12-212(2), MCA. Locke responded affirmatively.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 MT 423, 198 P.3d 316, 347 Mont. 387, 2008 Mont. LEXIS 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-locke-mont-2008.