763 S.E.2d 843
W. Va.2014Background
- Mitchell Coles (aka Stephen Williams) was indicted in Monongalia County for multiple check-kiting/false-pretense and fraudulent-scheme offenses (1998 conduct); separate information charged additional frauds.
- On December 28, 1999, Coles entered a plea agreement: he pled guilty to two felony counts (obtaining money by false pretenses and fraudulent scheme) and to six counts in the separate information; the State dismissed three felony counts in the indictment.
- Coles was sentenced March 6, 2000, to a combined term of 3–30 years. He later filed multiple postconviction/Rule 35 motions; in November 2011 he filed a Rule 35(a) motion asserting that his two felony convictions violated double jeopardy.
- The circuit court denied the Rule 35(a) motion on May 2, 2013; Coles appealed. The only claim on appeal is the asserted double jeopardy bar to convicting and sentencing him for both false pretense and fraudulent scheme arising from the same transactions.
- The State argued Coles waived his double jeopardy claim by entering a counseled, voluntary guilty plea and under plea-agreement contract principles; Coles relied on State v. Rogers, which had held double jeopardy barred cumulative punishment for false pretense and fraudulent scheme.
- The West Virginia Supreme Court affirmed the denial of relief, holding Coles waived his challenge and overruling Rogers as to fraudulent-scheme prosecutions.
Issues
| Issue | Coles' Argument | State's Argument | Held |
|---|---|---|---|
| Whether Coles' convictions for false pretense and fraudulent scheme violate Double Jeopardy (multiple punishments for same offense) | Rogers controls: double jeopardy bars punishing both crimes for same transaction | Coles waived the claim by entering a counseled, voluntary plea; plea-contract principles bar vacating part of the bargain | Waived: plea and contract principles preclude Coles’ attack; court affirms denial of Rule 35(a) motion |
| Whether a guilty plea may be collaterally attacked on double jeopardy grounds where the record shows court lacked power to convict | Coles did not assert this alternative | State relies on Broce: collateral attacks barred unless plea involuntary or record shows lack of power | Coles did not show plea was involuntary or that the face of the record demonstrates lack of power; Broce controls |
| Whether W. Va. Code § 61‑3‑24d(e) (fraudulent scheme) manifests legislative intent to permit separate punishment alongside other offenses | Rogers said § 61‑3‑24d(e) was not a clear statement | State argued plea waiver; Court reexamined statute on its own | Legislature did manifest clear intent; fraudulent scheme is separately punishable and Rogers is overruled |
| Whether Rogers should remain precedent | Coles invoked Rogers to invalidate cumulative punishments | State argued waiver; Court also considered statutory interpretation | Court overrules Rogers: misapplied statutory-construction canons; fraudulent-scheme statute permits cumulative punishment |
Key Cases Cited
- State v. Rogers, 209 W.Va. 348 (W. Va. 2001) (previously held false pretense and fraudulent scheme could not both be punished for same transaction)
- United States v. Broce, 488 U.S. 563 (U.S. 1989) (counseled, voluntary guilty pleas generally preclude collateral double jeopardy attacks unless record shows lack of power)
- State v. Proctor, 227 W.Va. 352 (W. Va. 2011) (plea-agreement/contract principles can bar postconviction double jeopardy claims)
- State v. Greene, 196 W.Va. 500 (W. Va. 1996) (discussion of double jeopardy in context of prior proceedings; distinguishes civil forfeiture)
- Missouri v. Hunter, 459 U.S. 359 (U.S. 1983) (Double Jeopardy prevents greater punishment than legislature intended; statutory intent is first inquiry)
- State v. Gill, 187 W.Va. 136 (W. Va. 1992) (sets out approach to determining legislative intent and Blockburger analysis)
- Conner v. Griffith, 160 W.Va. 680 (W. Va. 1977) (state constitutional double jeopardy protections coextensive with federal clause)