Smith v. StateSmith v. State
- Reporters:
- , ,
- Before:
- Short
OPINION
SHORT, Judge
In 1992, Henry Lernell Smith pleaded guilty to second-degree felony murder in violation of
FACTS
On March 9, 1992, Henry Lernell Smith went to 2607 Golden Valley Road in Minneapolis to sell cocaine. At the residence, Smith learned Sean Woods and Roderick Sanders wanted to buy drugs. After a conversation with Woods and Sanders, Smith left because he felt “something was funny,” but returned later with a loaded .22 caliber, sawed-off rifle to complete the sale. Smith asked Sanders and Woods if they were ready to buy cocaine; Sanders and Woods answered affirmatively. After Smith placed the drugs in front of the two men, he saw Sanders pull a .22 caliber gun from his pocket. Smith shot Sanders in the abdomen and Sanders ran from the room. Woods lunged at Smith, and, during a struggle, Smith shot Woods in the abdomen area. Sanders was treated for his gunshot wound and recovered, but Woods died from his injuries.
A grand jury indicted Smith on one count of first-degree felony murder while committing or attempting to commit aggravated robbery in violation of
ISSUES
I. Does MinmStat.§ 609.19(2) preclude the use of a drug crime that results in a shooting death as a predicate felony for second-degree felony murder?
II. Is withdrawal of Smith’s 1992 guilty plea necessary to correct a manifest injustice?
Postconviction actions present an opportunity for collateral review after expiration of the time for direct appeal. 8 Henry W. McCarr,
Minnesota Practice
§ 43.1, at 675 (2d ed.1990);
see
Despite the passage of five and a half years between conviction and the filing of a postconviction petition, the postconviction court allowed Smith to withdraw his plea to second-degree felony murder. The postconviction court concluded that Smith’s drug crime was an improper predicate felony for murder in the second degree, and ordered a trial. We are asked whether MinmStat.
I.
A person is guilty of felony murder in the second degree if that person:
causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence.
Smith argues the legislature’s failure to expressly include drug offenses in
Felony murder statutes have historically isolated for special treatment those felonies that involve a special danger to human life. M.D.S., 345 N.W.2d at 729 (quoting State v. Nunn, 297 N.W.2d 752, 753 (Minn.1980)); see State v. Cole, 542 N.W.2d 43, 53 (Minn.1996) (acknowledging traditional limitation that predicate felony must involve special danger to human life based on case’s facts and circumstances). Although the elements of an illegal drug sale may not independently demonstrate a special danger to human life, the manner in which Smith committed his 1992 drug sale constituted such a danger. See Cole, 542 N.W.2d at 53 (holding court may look at facts and circumstances of particular case in determining whether underlying felony involves special danger to life). ’ Smith chose to arm himself and return to the scene of a drug deal of which he was highly suspicious. Under these circumstances, we conclude the postconviction court misinterpreted the statute and abused its discretion by concluding a sale of cocaine that results in a shooting death was an invalid predicate felony for second-degree felony murder.
Our interpretation of
II.
Even if the cocaine sale was an invalid predicate felony, not all errors result in a “manifest injustice” warranting the withdrawal of a guilty plea.
See Kim v. State,
434 N.W.2d 263, 266 (Minn.1989) (noting defendant does not have absolute right to withdraw plea, but rather must show manifest injustice). Smith’s five-and-a-half-year delay in seeking to withdraw his guilty plea weighs against his petition for postconviction relief.
See Jones v. State,
288 Minn. 527, 529, 179 N.W.2d 315, 317 (1970) (noting delay in seeking relief is relevant consideration and affirming denial of petition to withdraw 16-year-old guilty plea);
State v. Searles,
274 Minn. 199, 200, 142 N.W.2d 748, 749-50 (1966) (affirming denial of postconviction relief and noting
Smith argues a manifest injustice occurred because his plea was without an adequate factual basis. See State v. Ecker, 524 N.W.2d 712, 716 (Minn.1994) (holding sufficient factual basis for guilty plea must be established to ensure its accuracy). But Smith established the factual basis for his guilty plea by: (1) testifying that on March 9, 1992, while armed with a loaded rifle, he went to a private residence to sell cocaine to Sanders and Woods, and shot both men in the abdomen; (2) acknowledging defense counsel told him about the charges against him; (3) admitting he injured Sanders and killed Woods; (4) waiving any possible defenses and pleading guilty under a plea agreement; and (5) writing a letter to his cousin, which described going to the residence to rob the two men of their drug money and boasting about the murder. Although Smith’s testimony was elicited through examination by defense counsel, the facts are sufficient to infer Smith’s guilt of second-degree felony murder and first-degree assault. See id. at 716 (holding trial court need not personally interrogate defendant prior to accepting guilty plea if adequate factual basis is established); State v. Neumann, 262 N.W.2d 426, 430 (Minn.1978) (noting court must establish that facts exist from which defendant’s guilt may be reasonably inferred). Under these circumstances, the trial court abused its discretion by permitting the withdrawal of Smith’s guilty plea to second-degree felony- murder. See Chapman, 282 Minn. at 19 n. 8, 162 N.W.2d at 702 n. 8 (noting plea may not be withdrawn when defendant understood nature and seriousness of offense charged at time plea was entered); see also Watts v. United States, 278 F.2d 247, 251 (D.C.Cir. 960) (stating claim of manifest injustice is “utterly incompatible” with defendant’s repeated admissions of crime charged).
Smith also argues his conduct more closely fits the crime of third-degree murder. See Minn.St‘at. § 609.195(b) (defining third-degree murder to include those who proximately cause death by selling illegal drugs). However, because we conclude that Smith’s illegal drug sale constitutes a proper predicate felony to second-degree murder and that a sufficient factual basis was established to support his plea, it is unnecessary to address whether Smith could have been convicted of third-degree murder.
DECISION
An illegal sale of drugs may serve as a predicate felony for second-degree felony murder under
Reversed.