State v. Lohnes

344 N.W.2d 686, 1984 S.D. LEXIS 257
CourtSouth Dakota Supreme Court
DecidedFebruary 29, 1984
Docket14142
StatusPublished
Cited by38 cases

This text of 344 N.W.2d 686 (State v. Lohnes) is published on Counsel Stack Legal Research, covering South Dakota 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. Lohnes, 344 N.W.2d 686, 1984 S.D. LEXIS 257 (S.D. 1984).

Opinions

WOLLMAN, Justice.

In State v. Lohnes, 324 N.W.2d 409 (S.D.1982), we reversed defendant’s conviction for second-degree murder arising from the November 13, 1980, shooting of a Rapid City businessman. Pursuant to a plea agreement, the State subsequently charged [687]*687defendant with first degree manslaughter rather than second degree murder. Defendant pleaded guilty and was sentenced to 347 years in the state penitentiary. Defendant appeals from the judgment of conviction, contending that the trial court erred in denying his motion to withdraw his plea of guilty. We reverse and remand.

At the February 14, 1983, arraignment, the trial court followed the mandates of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), and informed defendant of his constitutional privilege against self-incrimination, his right to confront his accusers, and his right to a jury trial, as well as of the nature and consequences of the guilty plea. Defendant’s attorney then stated the terms of the plea agreement that had been reached with the State, which provided that defendant would be charged with first degree manslaughter rather than with second degree murder and that the appropriate disposition would be a “sentence of a term of years and not life imprisonment” if defendant pleaded guilty to the manslaughter charge. After making some preliminary inquiries of defendant regarding defendant’s understanding of the plea agreement, the trial court engaged in the following colloquy with defendant:

THE COURT: That is correct. I have indicated from what I know of the situation now that I would go along with that plea discussion, that is, that I would not give you a life sentence, but that I will set a definite term of years.
THE DEFENDANT: Yes.
THE COURT: And that is also your understanding?
THE DEFENDANT: Yes.
THE COURT: But you understand I can set whatever term of years that I think is best in this instance?
THE DEFENDANT: Yes.
THE COURT: No one has recommended to me that it be a specific number of years; that is, no one has told you that it would be five years, or one year or twenty years or no numbers have been told you; is that correct?
THE DEFENDANT: Yes.
THE COURT: And you understand that I am not bound to set any specific number of years but that I can set whatever number I feel is best in this case?
THE DEFENDANT: Yes.
THE COURT: Having all that in mind, it is still your intention to enter a plea to this charge; is that correct?
THE DEFENDANT: Yes.
THE COURT: And you don’t feel that you have been threatened or forced in any way to enter a plea?
THE DEFENDANT: No.

Two weeks later at the sentencing hearing, the trial judge reiterated to defendant that he “would not sentence you to the rest of your natural life in the penitentiary” and again advised defendant that the length of the sentence was entirely within the trial court’s discretion. After sentencing defendant to 347 years, the trial judge commented:

So that the record is clear, there is 171 years and 7 months of good time earned immediately on that sentence. That leaves a net sentence of 175 years and 6 months of which a first time offender does one-fourth or 43.8 years.
It will be that period of time before you are eligible for a parole under the ordinary chain of events.

Defendant was nineteen years old at the time of sentencing.

Defendant subsequently moved to withdraw his plea of guilty. After a hearing, the motion was denied.

When a defendant moves to withdraw a plea of guilty prior to imposition of sentence, the trial judge’s discretion in the matter should be exercised liberally in favor of withdrawal, unless it appears that the State has detrimentally relied upon the plea and the prosecution of the defendant has been thereby prejudiced. State v. Losieau, 266 N.W.2d 259 (S.D.1978); State v. Doherty, 261 N.W.2d 677 (S.D.1978). When, however, a defendant moves to withdraw his guilty plea after sentence has been imposed, the trial judge will set aside [688]*688the judgment of conviction and permit defendant to withdraw his plea only to correct manifest injustice. SDCL 23A-27-11.1 The purpose of this stringent standard for post-sentence plea withdrawal motion is “to prevent a defendant from testing the weight of potential punishment, and then withdrawing the plea if he finds the sentence unexpectedly severe.” United States v. McKoy, 645 F.2d 1037, 1040 n. 3 (D.C.Cir.1981).

Surprise or disappointment at the severity of a sentence does not alone constitute grounds for the withdrawal of a guilty plea after sentencing. State v. Hanson, 627 P.2d 53 (Utah 1981); see generally Annot. 9 A.L.R.Fed. 309 § 22 (1971). Cases of disappointed but unfounded expectations, however, must be distinguished from reasonable expectations arising from the government or statements from the court. United States v. Crusco, 536 F.2d 21 (3rd Cir.1976).

Defendant contends that his plea was not voluntary because it was entered in reliance upon the trial court’s promise not to impose a life sentence, a promise that defendant reasonably understood foreclosing the imposition of a sentence that would greatly exceed his life expectancy.

As we recently held in State v. Bolger, 332 N.W.2d 718 (S.D.1983), we will look to the totality of the circumstance to determine whether a guilty plea was knowingly and voluntarily entered. We quoted the following test fashioned by the Court of Appeals for the Eighth Circuit in Watkins v. Solem, 571 F.2d 435, 437 (8th Cir.1978): “[t]he fundamental test is whether the plea of guilty was ‘an intelligent act “done with sufficient awareness of the relevant cir-

eumstances and likely consequences.” ’ ” Bolger, supra, at 720 n. 2.

The plea agreement here was accepted by the trial court on the record pursuant to SDCL 23A-7-9 and 23A-7-10, in contrast to the type of plea agreement that was present in State v. Rich, 305 N.W.2d 390 (S.D.1981), and in

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Bluebook (online)
344 N.W.2d 686, 1984 S.D. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lohnes-sd-1984.