Watkins v. People

655 P.2d 834, 1982 Colo. LEXIS 763
CourtSupreme Court of Colorado
DecidedDecember 20, 1982
Docket81SC82
StatusPublished
Cited by60 cases

This text of 655 P.2d 834 (Watkins v. People) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watkins v. People, 655 P.2d 834, 1982 Colo. LEXIS 763 (Colo. 1982).

Opinions

QUINN, Justice.

We granted certiorari to review an unpublished decision of the court of appeals which affirmed the adjudication of the petitioner William Watkins (defendant) as an habitual criminal. The court of appeals held that the trial court properly denied the defendant’s motion to suppress two prior felony convictions which served as the predicate for the habitual criminal adjudication. We conclude that one of these convictions, a 1974 conviction for conspiracy to commit escape,1 was based upon a constitutionally infirm plea of guilty. We therefore reverse the judgment and remand the case for re-sentencing.

I.

The defendant was charged in the trial court with aggravated robbery,2 conspiracy to commit aggravated robbery,3 menacing,4 and habitual criminality.5 The habitual [836]*836criminal counts consisted of a 1969 conviction for second degree burglary, a 1971 conviction for aggravated robbery and a 1974 conviction for conspiracy to commit escape by a felon. At the conclusion of the first phase of the bifurcated trial, the jury returned guilty verdicts to all substantive charges. During the second or habitual criminal phase of the trial the defendant moved to suppress his prior convictions on the ground that they were the result of constitutionally defective pleas of guilty. In support of his motion the defendant offered and the court received into evidence transcripts of the providency hearings on the prior pleas of guilty.

The transcript of the providency hearing of the 1974 conviction, which is critical to this appeal, disclosed that the prosecutor in that case agreed to accept a guilty plea to the crime of conspiracy to commit escape in exchange for the dismissal of all other pending counts.6 The transcript disclosed that the district attorney read in open court the proposed count which stated as follows:

“A.L. Herman, Jr., District Attorney, in the name and by the authority of the People of the State of Colorado further informs the Court that on this 8th day of July, A.D.1973, in the County of Jefferson, State of Colorado, William Tyrone Watkins, with the intent to promote and facilitate a commission of the crime of escape as defined by 40-8-208, as amended, C.R.S.1963, did unlawfully, feloniously agree with [a] person or persons to the District Attorney unknown that one or more of them would engage in conduct which constitutes said crime and an attempt to commit said crime, and did agree to aid such other person or persons in the planning and commission and attempted commission of said crime, and did commit an overt act in pursuance of such conspiracy, contrary to the form of the statute in such case made and provided against the peace and dignity of the People of the State of Colorado.”

The court thereafter advised the defendant of the rights he was waiving by pleading guilty and then inquired of the defendant as follows:

“THE COURT: ... Mr. Watkins, in this fourth count it is alleged that you conspired with others to commit the crime of escape or to attempt to commit the crime of escape. Do you understand the nature of the charge that is involved in this fourth count?
“MR. WATKINS: Yes, your Honor, I do.”

No further explanation of the crime or its elements was given to the defendant. After advising the defendant of the possibility of a five to forty year sentence for the crime, the court accepted the plea.

The trial court in the instant case suppressed the defendant’s 1969 conviction for second degree burglary but denied suppression of the other two felony convictions. The jury returned verdicts finding the defendant a twice previously convicted felon as charged in the two habitual criminal counts. The court sentenced the defendant to concurrent terms of thirty to thirty-five years for aggravated robbery, an indeterminate term not to exceed eight years for conspiracy to commit aggravated robbery, an indeterminate term not to exceed four years for felony menacing, and a term of thirty to thirty-five years for habitual criminality. On appeal the court of appeals rejected the defendant’s claim with respect to the 1974 guilty plea. After noting that the record of the providency hearing showed an affirmative response by the defendant to the trial court’s inquiry whether he understood the nature of the charge, the court of appeals summarily concluded: “[the] defendant’s contention that his plea [837]*837was invalid because the court did not explain the nature of the charge and the elements of the offense is also without merit.”

The defendant assigns as error the trial court’s refusal to suppress the 1971 and 1974 felony convictions. He asserts that both convictions were obtained in violation of due process of law, U.S. Const. Amend. XIV; Colo. Const. Art. II, Sec. 25. We agree that the 1974 conviction for conspiracy to commit escape was based upon a constitutionally defective plea of guilty and, in view of this disposition, we find it unnecessary to consider the validity of the 1971 conviction.7

II.

A prior conviction obtained in violation of a constitutional right of the accused cannot be used in a subsequent criminal proceeding to support guilt or to enhance punishment. See, e.g., Loper v. Beto, 405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 (1972); Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967); People v. Quintana, 634 P.2d 413 (Colo.1981); People v. Roybal (Roybal I), Colo., 618 P.2d 1121 (1980); People v. Roybal (Roybal II), Colo., 617 P.2d 800 (1980). A plea of guilty involves a waiver of several constitutional rights, Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); People v. Meyers, Colo., 617 P.2d 808 (1980), and if a conviction based upon a guilty plea is to satisfy constitutional requirements of admissibility the record must establish that the plea was voluntarily and understandingly made, Henderson v. Morgan, 426 U.S. 637, 96 S.Ct. 2253, 49 L.Ed.2d 108 (1976); Roybal II, supra. An understandingly made plea of guilty requires that the record affirmatively show the defendant’s understanding of the critical elements of the crime to which the plea is tendered. E.g., People v. Meyers, supra; People v. Gorniak, 197 Colo. 289, 593 P.2d 349 (1979); People v. Gleason, 180 Colo. 71, 502 P.2d 69 (1972); People v. Colosacco, 177 Colo. 219, 493 P.2d 650 (1972). Our prior cases hold that, to satisfy this requirement, the court should explain the critical elements “in terms which are understandable to the defendant.” People v. Cumby, 178 Colo. 31, 33, 495 P.2d 223, 224 (1972); see

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Cite This Page — Counsel Stack

Bluebook (online)
655 P.2d 834, 1982 Colo. LEXIS 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-people-colo-1982.