Williams v. State

685 S.W.2d 576, 1985 Mo. App. LEXIS 4351
CourtMissouri Court of Appeals
DecidedJanuary 28, 1985
DocketNo. 13681
StatusPublished
Cited by1 cases

This text of 685 S.W.2d 576 (Williams 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
Williams v. State, 685 S.W.2d 576, 1985 Mo. App. LEXIS 4351 (Mo. Ct. App. 1985).

Opinion

GREENE, Judge.

Movant, Clyde Junior Williams, appeals from the denial by the trial court, after an evidentiary hearing, of his Rule 27.261 motion to vacate two twenty-five year sentences imposed after his pleas of guilty to two counts of selling controlled substances.

Williams contends the denial of his motion was prejudicial error because he was not competent to enter the guilty pleas since at the time, he was a) under the influence of drugs, or b) was suffering from an abstinence syndrome (withdrawal from drugs) to such an extent that he could not make a knowing and intelligent waiver of his right to a trial on the merits.

At the evidentiary hearing, Williams testified that he was addicted to drugs, and that for several days prior to pleading guilty to the two drug related charges, he had been “shooting up” with several different morphine type drugs, but that he had been jailed the day before the court appearance, which caused severe withdrawal symptoms, making it impossible for him to understand what was going on in court, and that he did not know that he had pled guilty to two felony charges for which he had received two twenty-five year sentences. Williams’ story was corroborated, to some extent, by friends and relatives, including his mother-in-law and his wife.

On the other side of the coin, there was evidence that Williams, a chronic abuser of drugs, who had “5 or 6” prior felony convictions, was the focus of a police investigation which could have resulted in the filing of several more felony drug charges against him, in addition to the two already pending. Williams knew of the investigation, and felt that he would be found guilty on the additional charges, if filed. In an effort to dispose of all of the charges, both pending and unfiled, Williams contacted Springfield, Missouri police officer Rodney Burk, who had been an undercover officer in the narcotic division, and who was known to Williams, to see what could be worked out on a plea bargain arrangement.

Burk contacted the prosecuting attorney. After negotiations, the prosecutor agreed to recommend twenty-five year sentences on the two pending charges to run concurrently, and to not file any other felony charges. Williams decided to accept the plea bargain agreement. Williams asked Burk to put him in jail, so there would be no question as to whether he was under the influence of drugs when he entered his pleas the following day. Burk obliged, and notified Williams’ attorney as to what was going on. Williams spent the night in jail, and was taken to court the next day where he was met by his attorney.

The attorney told Williams that he thought twenty-five years was too much, and tried to talk him out of the plea. Williams refused. The pleas were then entered before the same trial judge who later conducted the 27.26 motion hearing. In the opinion of his attorney, Williams’ mind was clear and lucid when he entered his guilty pleas. Before the pleas were entered, the trial court questioned Williams extensively regarding whether he was under the influence of drugs at that time. The following are excerpts from the transcript of the plea proceedings regarding that interrogation:

“THE COURT: Do you consider yourself mentally o.k. at this time?
MR. WILLIAMS: Yes, sir.
THE COURT: Are you under the influence of any drugs at this time?
MR. WILLIAMS: No, sir.
THE COURT: Or alcohol?
MR. WILLIAMS: No, sir.
THE COURT: Do you consider yourself mentally normal at this time?
[578]*578MR. WILLIAMS: Yes, sir.
THE COURT: Do you understand what these proceedings are?
MR. WILLIAMS: Yes, sir.
THE COURT: They’re so-called plea proceedings in which you would be asking the court to accept your plea of guilty in each case?
MR. WILLIAMS: Yes, sir.
THE COURT: Okay. You’ve been able to cooperate with your counsel in the sense that you’ve been able to understand and able to convey your thoughts to him and he’s been able to talk to you in a way that you understood?
(Discussion off the record between the defendant and his attorneys.)
MR. WILLIAMS: Yes, sir.
THE COURT: You’ve been able to cooperate with your attorney?
MR. WILLIAMS: Yes, sir.
THE COURT: Do you understand the nature of these proceedings?
MR. WILLIAMS: Yes, sir.
THE COURT: Have you discussed with your attorney today your mental ability to proceed?
MR. WILLIAMS: No, sir. Have I discussed it?
MR. GAITHER: Yes, we discussed entering the plea of not guilty by reason of mental disease or defect before. Not today, but we have in my office on prior occasions.
THE COURT: I mean on his ability to proceed, not the plea, not as far as pleas of mental disease goes, but I do want to get into that because it was one of the pleas, at least in the Division Four case, and also the Division Three case. Now, he’s wanting to withdraw both pleas in each case, is that right?
MR. GAITHER: That’s correct.
THE COURT: And enter a plea of guilty in each case?
MR. GAITHER: Yes, sir.
THE COURT: Mr. Williams, is that what you want to do?
MR. WILLIAMS: Yes, sir.
THE COURT: Your willingness to plead guilty in each of these two cases results from the discussions you and your counsel and the prosecutor have had?
MR. WILLIAMS: Yes, sir.
THE COURT: Okay.
MR. GAITHER: Not entirely. I’m not entirely willing for my client to accept this plea agreement, he’s making this choice on his own, it’s his right to plead guilty. He feels it would be best for him to do so. I agree that under the circumstances it may well be.
THE COURT: Mr. Williams, you understand the decision is up to you on how to plead at this time?
MR. WILLIAMS: Yes, sir.
THE COURT: Mr. Williams, are you telling the court you’re guilty on each of these charges?
MR. WILLIAMS: (Nodded head affirmatively.)

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Related

Wescott v. State
731 S.W.2d 326 (Missouri Court of Appeals, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
685 S.W.2d 576, 1985 Mo. App. LEXIS 4351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-moctapp-1985.