State v. MurdockState v. Murdock
- Reporters:
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- Before:
- Horowitz
This case raises the question of the proper use of Department of Social and Health Services (DSHS) prison record “packets” as evidence in a habitual offender trial. The State submitted three such information packets as proof of prior convictions in appellant Murdock‘s trial below. We adhere to the long-standing rule in this state that institutional prison records are not admissible as proof of prior convictions, and remand for a new trial.
Following a conviction for armed robbery in March 1976, appellant was tried under
Appellant first objected to admission of these packets on the ground the guilty pleas underlying the convictions were not knowingly and voluntarily made. While we do not reach this issue for the reasons stated below, the relevant facts are pertinent to the circumstances of this appeal. Appellant made an offer of proof in the absence of the jury, during which he admitted he had pleaded guilty to charges of burglary and carnal knowledge in the past, but maintained the pleas were entered without full knowledge of their consequences. He claimed specifically that he did not know the plea constituted a waiver of constitutional rights to a jury trial and to confront his accusers. His counsel argued under the rule of Burgett v. Texas, 389 U.S. 109, 19 L. Ed. 2d 319, 88 S. Ct. 258 (1967), which held an involuntary guilty plea renders the resulting conviction void and inadmissible at a subsequent punishment enhancement proceeding. Counsel maintained appellant‘s prior convictions were also void and inadmissible at the habitual offender trial. Noting that appellant had been represented at each prior proceeding by counsel, the trial court ruled there was no evidence he had been unfairly treated. The court did not examine the records pertaining to the guilty pleas.
*339 Appellant and amici attempt to raise before this court the question whether appellant should have been allowed to collaterally attack the validity of the prior convictions by introducing evidence the pleas were void. Appellant did not raise this issue in his petition for review, however, and we are thus precluded from considering it. Pursuant to our court rule governing the scope of review when a petition for review has been granted, we review only those questions which are raised in the petition. RAP 13.7(c). Appellant raised only the evidentiary question of the proper use of DSHS institutional packets in his petition. We are thus restricted to consideration of this latter issue. We do not consider either the constitutional question raised under Burgett, or a third issue pertaining to the conduct of the 1976 robbery trial which was considered by the Court of Appeals.
The second ground upon which appellant objected to admission of the DSHS packets at the habitual offender trial, which was the basis for the argument in appellant‘s petition for review, is that the packets were not admissible as proof of the prior convictions charged in the information. The form of the documents, appellant in effect claimed, was inadequate under
In admitting the packets as proof of the convictions, the trial court relied on
This court has consistently held that institutional records documenting commitments, which include copies of
*340
the judgments, sentences, and identification materials, are admissible
solely
to prove the identity of the defendant. Copies of the judgment and sentence which are to be admitted to prove the fact of any conviction must be certified by the court with the
seal
of the court annexed, as required by
The statute relied upon by the trial court,
In this case, the evidence was admissible only to prove appellant‘s identity, and no competent evidence whatsoever was offered on the second element of the offense, the fact of prior convictions. See State v. Furth, 5 Wn.2d 1, 11, 104 P.2d 925 (1940). The burden is on the State, however, to prove each element to the offense beyond a reasonable doubt. In re Winship, 397 U.S. 358, 25 L. Ed. 2d 368, 90 S. Ct. 1068 (1970). The State here did not *341 provide sufficient evidence regarding the fact of prior convictions to send the issue to the jury.
We will not presume appellant waived this important right to due process of law. We must “‘indulge every reasonable presumption against waiver’ of fundamental constitutional rights.” Johnson v. Zerbst, 304 U.S. 458, 464, 82 L. Ed. 1461, 58 S. Ct. 1019 (1938). Here appellant admitted in his offer of proof that he had pleaded guilty to the named crimes. He indicated no intention to waive his right to require the State to prove to the jury that he had in fact been convicted of the crimes alleged in the information. Obviously the State believed he had been convicted, and took his testimony as proof of the fact. But the State‘s obligation is to prove that fact to the jury, and it simply failed to introduce any competent evidence in this regard. Appellant was thus denied due process of law and must be accorded a new trial.
It may be argued the remand here is a mere “technicality,” and that further proceedings will needlessly duplicate effort. We cannot agree. The intent of
The case is remanded for a new trial on the habitual offender charge.
Wright, C.J., and Rosellini, Hamilton, Stafford, Utter, Brachtenbach, Dolliver, and Hicks, JJ., concur.