STATE v VAN HAELE
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No. 92-470 IN THE SUPREME COURT OF THE STATE OF MONTANA 1993 STATE OF MONTANA, Plaintiff and Respondent, v. THOMAS E. VAN HAELE, Defendant and Appellant. APPEAL FROM: District Court of the Sixteenth Judicial District, In and for the County of Treasure The Honorable Kenneth R. Wilson, Judge presiding. COUNSEL OF RECORD: For Appellant: Thomas E. Van Haele, Pro Se, Deer Lodge, Montana For Respondent: Hon. Joseph P. Mazurek, Attorney General, Micheal S. Wellenstein, Asst. Attorney General, Helena, Montana; Lee Xerr, Treasure County Attorney, Hysham, Montana Submitted on Briefs: Decided: Filed: July 29, 1993 October 12, 1993 Justice William E. Hunt, Sr., delivered the opinion of the Court. Appellant Thomas Van Haele appeals from a judgment of the Sixteenth Judicial District Court, Treasure County, based on his pleas of guilty to one count of incest and one count of sexual intercourse without consent. After suspending time on each count upon conditions of probation and parole, the District Court sentenced defendant to a total of 15 years in the Montana State Prison and designated him a dangerous offender. We affirm. Appellant asserts various factual defenses and constitutional errors, including cruel and unusual punishment, double jeopardy, due process violations, prosecutorial misconduct, judicial misconduct, ineffective assistance of counsel, and improper bail. n ---,,..- CIUUL=IIU= 4 . ApprlLaill- ---&--A- plead guilty. &L-A. ULCIC- a n i i e of uuii these violdiions caused him co The State asserts that appellant waived all his factual defenses and constitutional claims by pleading guilty and that his other claims are not supported by the District Court record. We agree. On appeal, we determine the sole issue to be whether appellant voluntarily and intelligently entered his guilty plea. In State v. Hilton (1979), 183 Mont. 13, 18, 597 P.2d 1171, 1174, we said that "[o]nce a defendant properly pleads guilty he waives all factual defenses as well as constitutional violations which occur prior to the plea." (Citing State v. Turcotte (1974), 164 Mont. 426, 428, 524 P.2d 787, 788.) 2 Further, we stated that "[tlhereafter, '[hie may only attack the voluntary and intelligent character of his plea . . .' " Hilton, 597 P.2d at 1174 (citations omitted). The District Court record reveals that appellant appeared before the court with counsel and was not intimidated or coerced into entering pleas of guilty to the two counts. entered voluntary and intelligent pleas. Rather, he According to the record, appellant knowingly waived his rights to a jury trial, to confront and cross-examine witnesses, to have witnesses testify on his behalf, to not be compelled to incriminate himself, and to appeal a jury verdict of guilty. (1) he understood the Further, appellant attested that: plea bargain agreement and was not emotionally or mentally disabled or impaired by drugs, alcohol, or ~ L ~ ~ :".4.:-- ~ L A --A:-:-- ~ ~ L U A L LVL =~ ~ = A I -4. L L a &. L. LU= &:-.. LA^= . c VL ..-*-.":-- =LLL=LALZ~ &L- -7-.. L I L ~ p A = a 4.. ayLv=w=&iL, (2) he was entering into the plea bargain agreement voluntarily and intelligently; and (3) he was competent to enter the pleas. In sum, the record reflects that appellant's appeal is without merit. On these facts, we hold that appellant voluntarily and intelligently entered pleas of guilty to the counts charged in the amended complaint. We affirm. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1988 Internal Operating Rules, this decision shall not be cited as precedent and shall be published by its filing as a public document with the Clerk of the Supreme Court and by a report of its result to Montana Law Week, State Reporter and West Publishing Company. We concur: October 12. 1993 CERTIFICATE O F SERVICE I hereby certify that the following order was sent by United States mail, prepaid, to the following named: THOMAS E. VAN HAELE 700 Conley Lake Rd. Deer Lodge, MT 59722 Karen E. Van Haek Box 284 Hysham, MT 59038 HOII.Jiisepii P. ivfarutek, iiiiurr~ey Generai Michael Wellenstein, Assistant Justice Bldg. Helena. MT 59620 Lee R. Kerr Treasure County Attorney P.O. Box 72 Hysham, MT 59038 ED SMITH CLERK OF THE SUPREME COURT STATE O E MONTANA,
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