People v. Washington

SALSMAN, J.

The defendant was indicted for the murder of Rozine B. Rashall and Billy Joe Johnson. He retained counsel and entered a plea of guilty; the court determined the degree of murder to be first degree in each instance, and sentenced the defendant to prison. He appeals from the judgment.

The victims of the murder were found in the front seat of an automobile which had crashed into a light pole at the side of the road. Billy Joe was in the driver’s seat and Rozine was at his side. Each victim had been shot in the back of the head —Billy Joe three times and Rozine twice.

Nine witnesses testified before the grand jury. Their testimony placed defendant in the company of Rozine for several hours prior to her murder, and indicated that defendant had severely beaten and physically abused her during the evening preceding her murder. In his statement to the probation officer defendant admitted being in the automobile with Rozine and Billy Joe, and admitted having a gun, but stated he could not remember the incidents immediately prior to the crash.

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However, he remembered running away from the vehicle after the crash, and that he had a gun in his hand as he fled.

On this appeal defendant contends he was denied due process of law in that he was not effectively represented by counsel in the trial court. This claim finds no support in the record before us. Defendant at first entered pleas of not guilty and not guilty by reason of insanity. The court appointed psychiatrists to examine defendant. They reported to the court that defendant suffered from no mental illness. Defendant’s counsel prosecuted discovery proceedings with diligence, and learned of a statement made by defendant to the police, and of physical evidence in the possession of the authorities. Counsel also was aware of the testimony of witnesses before the grand jury and of the fact that court-appointed psychiatrists had filed their report finding defendant not mentally ill. Finally, and of persuasive importance, both defendant and his counsel knew the district attorney was demanding the death penalty. The record shows that the district attorney agreed to withdraw his demand for the death penalty if a plea of guilty were to be entered by the defendant. It would appear that this change in attitude on the part of the district attorney, brought about in part through efforts of defendant’s counsel, as well as defendant’s knowledge of the extent of the evidence against him, helped in inducing the defendant to change his plea. At any rate, throughout the entire proceedings leading up to the change of plea, defendant was represented by counsel of his own choice, and the record demonstrates that the representation was effective.