Opinion
NO. 2014-CA-000771-MR
05-15-2015
VIRGINIA GAIL SAYLOR APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
BRIEFS AND ORAL ARGUMENT FOR APPELLANT: Samuel N. Potter Assistant Public Advocate Department of Public Advocacy Frankfort, Kentucky BRIEF FOR APPELLEE: Jack Conway Attorney General of Kentucky Frankfort, Kentucky Courtney J. Hightower Assistant Attorney General Frankfort, Kentucky ORAL ARGUMENT FOR APPELLEE: Courtney J. Hightower Assistant Attorney General Frankfort, Kentucky
NOT TO BE PUBLISHED APPEAL FROM BELL CIRCUIT COURT
HONORABLE ROBERT V. COSTANZO, JUDGE
ACTION NO. 13-CR-00258
OPINION
AFFIRMING
BEFORE: J. LAMBERT, STUMBO AND TAYLOR, JUDGES. TAYLOR, JUDGE: Virginia Gail Saylor brings this appeal from an April 4, 2014, judgment of the Bell Circuit Court sentencing her to a total of three-years' imprisonment upon a guilty plea to trafficking in a controlled substance in the second degree and trafficking in a controlled substance in the first degree. We affirm.
The Judgment and Sentence Pursuant to Guilty Plea (judgment) was entered of record by the Bell Circuit Court Clerk on April 4, 2014. However, we note that the hearing did not occur until April 7, 2014, and the judge actually signed the judgment April 7, 2014.
In January 2013, Saylor allegedly sold controlled substances to a confidential informant. On December 11, 2013, Saylor was indicted by a Bell County Grand Jury upon one count of first-degree trafficking in a controlled substance and one count of second-degree trafficking in a controlled substance. Pursuant to a plea agreement with the Commonwealth, Saylor entered a guilty plea to both counts on February 17, 2014. After entry of Saylor's guilty plea but before judgment upon the plea was entered, the confidential informant died. Shortly thereafter, Saylor filed a motion pursuant to Kentucky Rules of Criminal Procedure (RCr) 8.10 to withdraw her guilty plea. At the hearing upon her motion, Saylor informed the court that as a result of the confidential informant's death, the charges against a co-defendant had been dismissed, and the charges against a second co-defendant were expected to be dismissed. Based upon fairness and equitable grounds, Saylor argued she should be allowed to withdraw her guilty plea. The court denied Saylor's motion. By judgment entered April 4, 2014, Saylor was sentenced to three-years' imprisonment. This appeal follows.
Saylor contends that the circuit court committed error by denying her motion to withdraw her guilty plea. RCr 8.10 governs the withdrawal of a guilty plea. It states that "[a]t any time before judgment the court may permit the plea of guilty . . . to be withdrawn and a plea of not guilty substituted." And, the law is well-settled that the withdrawal of a guilty plea before a final judgment is entered is a matter within the sound discretion of a trial court. Hurt v. Com., 333 S.W.2d 951 (Ky. 1960).
In particular, Saylor maintains that "fairness and justice" dictate the granting of her motion to withdraw guilty plea. Saylor relies upon Federal Rules of Criminal Procedure 11(d)(2)(B), which allows withdrawal of a guilty plea if movant can "show a fair and just reason for requesting the withdrawal." And, Saylor argues for application of a "totality of the circumstances" analysis as applied by the United States Court of Appeals for the Sixth Circuit in United States v. Hockenberry, 730 F.3d 645, 662 (6th Cir. 2013).
As a state intermediate appellate court, we are bound to follow Kentucky Supreme Court precedent. In this area of law, our Supreme Court has clearly held that withdrawal of a voluntary guilty plea is within the trial court's sound discretion and will not be disturbed unless the decision is arbitrary, unreasonable, unfair, or unsupported by legal principles. Rodriguez v. Com., 87 S.W.3d 8 (Ky. 2002); Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575 (Ky. 2000).
Rules of the Supreme Court 1.030(8)(a) provides:
The Court of Appeals is bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court.
In this case, Saylor failed to demonstrate that the trial court abused its discretion in denying her motion to withdraw her guilty plea. The guilty plea was voluntarily entered, and the trial court held an evidentiary hearing upon her motion to withdraw. While the death of the confidential informant led to dismissal of a co-defendant's indictment, Saylor freely accepted the Commonwealth's offer and pleaded guilty in conjunction with such offer. We are not aware of any Kentucky legal precedent nor has any been cited that would condition guilty pleas on a confidential informant's life expectancy. In sum, we hold that the trial court did not abuse its discretion by denying Saylor's motion to withdraw guilty plea.
For the foregoing reasons, the judgment of the Bell Circuit Court is affirmed.
ALL CONCUR. BRIEFS AND ORAL ARGUMENT
FOR APPELLANT:
Samuel N. Potter
Assistant Public Advocate
Department of Public Advocacy
Frankfort, Kentucky
BRIEF FOR APPELLEE: Jack Conway
Attorney General of Kentucky
Frankfort, Kentucky
Courtney J. Hightower
Assistant Attorney General
Frankfort, Kentucky
ORAL ARGUMENT FOR
APPELLEE:
Courtney J. Hightower
Assistant Attorney General
Frankfort, Kentucky