Whitehead v. State

481 S.W.3d 116, 2016 Mo. App. LEXIS 76, 2016 WL 402401
CourtMissouri Court of Appeals
DecidedFebruary 2, 2016
DocketNo. ED 102415
StatusPublished
Cited by23 cases

This text of 481 S.W.3d 116 (Whitehead v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whitehead v. State, 481 S.W.3d 116, 2016 Mo. App. LEXIS 76, 2016 WL 402401 (Mo. Ct. App. 2016).

Opinion

KURT S. ODENWALD, Judge.

Introduction

Appellant Gene Whitehead (“Whitehead”) appeals from the judgment of the motion court denying his Rule 241035 motion for post-conviction relief without an evidentiary hearing. Whitehead píeáded guilty to one count of first-degree robbery and three counts of second-degree robbery and was sentenced to a total of 12 years’ imprisonment. Whitehead’s amended motion sought to set aside his guilty plea to first-degree robbery. On appeal, Whitehead contends the motion court erred.in denying his Rule 24.035 motion without an evidentiary hearing because (1) plea counsel was ineffective for failing to advise Whitehead of a possible lesser-included offense of second-degree robbery; and (2) plea counsel.was ineffective for pressuring Whitehead to plead guilty.

Because the record demonstrates that Whitehead understood the nature of the charges against him, the available defenses, and the releyant .circumstances of .his plea, the record conclusively refutes Whitehead’s claim that his guilty plea was involuntary or unknowing due to plea counsel’s failure to advise him of the possibility of the lesser-included offense of second-degree robbery. Further, Whitehead’s testimony at the plea hearing and sentencing hearing, specifically, directly, and conclusively refutes his claim that his guilty plea was involuntary as a result of plea counsel’s alleged pressure and coercion. Accordingly, we affirm the judgment of the motion court.

Factual and Procedural History

Whitehead was arrested and- charged with robbing four banks. Whitehead was charged with one count of first-degree robbery for allegedly robbing a U.S. Bank in September of 2010. Whitehead retained plea counsel to represent him. On October 1, 2012, Whitehead pleaded guilty to one count of first-degree robbery and three counts of second-degree robbery. Whitehead did not plead guilty pursuant to a plea agreement.

Prior to pleading guilty, Whitehead signed: a plea petition which was presented to the trial'court at the plea hearing. The plea petition stated that Whitehead had not been' coerced into pleading guilty, that he had adequate time to discuss the charges with plea counsel, that he knew he did not have to plead guilty and could instead go to trial, and that'he alone decided to plead guilty.

At the plea hearing, the trial court had the following exchange with Whitehead:

[119]*119Trial Court: Has your attorney explained each of these charges to you and discussed any possible defenses that might be available to you?
Whitehead: Yes, ma’am.
Trial Court: Other than plea negotiations, which I understand you' have not come to an agreement, what I want to know, has anybody, including your own attorney, promised you anything to get you to plead guilty?
Whitehead: No, ma’am.
Trial Court: Has anyone threatened you to plead guilty?
Whitehead: No, ma’am.

The trial court then proceeded to ask Whitehead a series of questions to ensure that he understood the consequences of his guilty plea, including the various constitutional rights he was giving up by pleading guilty. First, Whitehead affirmed that he understood he had “the right to plead not guilty to all of these charges and be entitled to a’ public jury trial.” Whitehead then acknowledged' he'understood that if he went to trial, he would enjoy the presumption of innocence; the State would have the burden of proving his guilty beyond a reasonable doubt; his attorney would have the right to call witnesses and cross-examine the State’s witnesses; and he would be allowed, to decide whether or not to testify. The following exchange then occurred:

Trial Court: Do you understand if you plead guilty ... you give up your Constitutional rights and there will be no further trial of any kind?
Whitehead: Yes, ma’am.
Trial Court: Do you understand if I accept your plea of guilty the Court will impose, punishment upon you?
Whitehead: Yes, ma’am.
Trial Court: Knowing that, do you wish to plead guilty to each of these in Counts One through Four?
Whitehead: Yes, ma’am.

The State proceeded to state-the elements of each charged offense and* the range of punishment for each. With respect to the charge of first-degree robbery, the State recited that on or about September 14, 2010, in St. Charles County, Whitehead “forcibly stole cash owned by U.S. Bank and in the course thereof ... threatened with the immediate use of a dangerous instrument against a bank teller.” The trial court asked Whitehead whether he understood the elements of each offense to which he was pleading guilty. Whitehead stated that he did. Whitehead also confirmed that he understood the range of punishment- for each offense, understood that he was pleading guilty without a plea agreement, and understood that he could not withdraw his guilty plea is he was not satisfied with the outcome of the case. Whitehead then pleaded guilty to the first-degree robbery charge in the following exchange with the trial court:

Trial Court: With that understanding, sir, do you still wish to plead guilty to the new charges today?
Whitehead: Yes, I do. -
.Trial Court: Are you guilty of committing each offense?.
Whitehead; Yes, ma’am. . ..
Trial Court: With réspect to Count One, that is robbery at the U.S. Bank, did you commit that offense, sir?
Whitehead: Yes, ma’am.
Trial Court: And on that date did you forcibly steal cash owned by U.S. Bank and in -the course of committing that -robbery, did you threaten the immediate use of-'a dangerous instrument against the bank teller?
[120]*120Whitehead: Yes, ma’am.

The trial court subsequently inquired further into the factual circumstances surrounding the first-degree robbery charge, particularly- the note Whitehead gave to the bank teller:

Trial Court:- Was there a note that you used on Count One on September 14, [2010], with respect to the Class Á felony of robbery in the second—first degree?
Whitehead: Yes.
Trial Court: What did that note say?
Whitehead: I don’t know exactly but it said something to the effect of please, you know, be calm, I have a weapon and give me the money , in various denominations, I think.
Trial Court: So you do specifically admit the threat, the immediate use of . a dangerous instrument contained- in that note? : -
Whitehead: Yes, ma’am.
Trial Court: Did you communicate that note to the bank teller?
Whitehead: I gave it to her, yes, ma’am.
[[Image here]]
Trial Court: As a result of that threat, did you obtain cash from U.S. Bank?
Whitehead: Yes, ma’am.

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Bluebook (online)
481 S.W.3d 116, 2016 Mo. App. LEXIS 76, 2016 WL 402401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-state-moctapp-2016.