Robinson v. United States
Robinson v. United States
Opinion of the Court
On June 16,1977, appellant was convicted of robbery, D.C.Code 1973, § 22-2901, and on August 3, 1977 received an enhanced sentence of 15 years to life imprisonment under D.C.Code 1973, § 22-104a.
It is conceded that the sentencing judge failed to fully comply with D.C.Code 1973, § 23-111(b).
On August B, 1977, the following exchange occurred at the sentencing hearing:
THE COURT: All right, I am ready to proceed. Before I proceed to the sentence in this cause, however, I ask the defendant if you are the same Timothy Robinson who, on November 5, 1973, was convicted of robbery in Criminal Case Number 42233-73, in the Superior Court of the District of Columbia?
MR. ROBINSON: Yes, sir.
THE COURT: And are you the same Timothy Robinson, who, on April 22, 1970, was convicted of Third Degree Burglary in Criminal Case Number 4936 BL in Sullivan County, Tennessee?
MR. ROBINSON: Yes, sir.
THE COURT: Do you wish to challenge either of these convictions?
MR. ROBINSON: No, sir.
THE COURT: All right. I’m ready to proceed for sentence. Counsel, do you know of any reason why sentence should not now be imposed?
MR. DENNY: No, I do not, Your Hon- or....
THE COURT: ... All right. Mr. Timothy L. Robinson, on the offense of robbery, for which you were found guilty by the jury in this case, the Court acts as it is permitted and authorized to do so by Section 22-104a of the District of Columbia Code, providing for increased penalties after prior conviction, the Court imposes the following: Timothy L. Robinson, it is the sentence of this Court that you be incarcerated for a period of fifteen years to life, consecutive to any other sentences now already imposed.
The pertinent part of the operative statute provides that the sentencing judge shall, before sentencing inquire whether the convicted person affirms or denies that he has been previously convicted as alleged and shall inform him that any challenge to a prior conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence.
Given a series of decisions from this court indicating that the sentencing procedures of the recidivist statutes are to be strictly followed, see, e.g., (Robert) Smith v. United States, D.C.App., 356 A.2d 650 (1976); (Ernestine) Smith v. United States, D.C.App., 304 A.2d 28, 34, cert. denied, 414 U.S. 1114, 94 S.Ct. 846, 38 L.Ed.2d 741 (1973); see also Fields v. United States, D.C.App., 396 A.2d 990 (1979), appellant contends this procedural defect requires that his sentence be vacated and the case remanded for resen-tencing. This is generally the remedy provided. However, unlike the cases cited, this question comes before us on the basis of collateral attack rather than by direct appeal. As a consequence, Super.Ct.Cr.R. 35(a)
II
Enhanced sentencing involves incarceration for extended periods of time. For that reason, we have, as appellant reminds us, required that the procedures involved in such augmented sentences be strictly followed, e.g., (Robert) Smith v. United States, supra; (Ernestine) Smith v. United States, supra; Fields v. United States, supra. A
Although the general provisions of the statute authorizing collateral challenges to a sentence, D.C.Code 1981, § 23-110, could be construed to permit a motion for relief of any kind to be brought at any time, we conclude that Rule 35 imposes a rational complementing limitation on the court’s jurisdiction to grant remedies for the different kinds of sentencing error. Where the sentence is “illegal” in the sense that the court goes beyond its authority by acting without jurisdiction or imposing a sentence in excess of the statutory maximum provided, then such sentence — because of the gravity of the error, the unqualified deprivation of one’s liberty — may be challenged at any time. However, where a court of competent jurisdiction imposes a sentence within the limits authorized by the relevant statute, but commits a procedural error in doing so, it is not an abuse of discretion nor unreasonable — when balancing concepts of fairness and finality — to characterize this sentence as one imposed in an “illegal manner” under Rule 35(a) and therefore subject to the 120-day jurisdictional limitation for challenge.
In a recent decision of the United States Court of Appeals for the District of Columbia Circuit, United States v. Ramsey, 210 U.S.App.D.C. 285, 655 F.2d 398 (1981), the court addressed this same issue, involving statutory language
To rule, that, in the circumstances of this case, the District Court’s failure to follow [the enhanced sentencing statute] rendered appellant’s sentence an illegal sentence would ignore completely the distinction established by Congress in Rule 35 between an “illegal sentence” and a sentence imposed in an “illegal manner.” [Id. at 288, 655 F.2d at 401].
We do not see this approach as inconsistent with our prior decisions. Contrary to appellants’ assertions, we maintain our adherence to strict compliance with the statutory provisions affecting enhanced sentencing. We simply hold that where a sentence is illegally imposed under a recidivist statute or generally, the remedy must be sought within the time stated in Rule 35(a). Otherwise the remedy is time barred and the trial court is without jurisdiction to act.
So ordered.
.D.C.Code 1973, § 22-104a provides:
(a) If—
(1) any person (A) is convicted in the District of Columbia of a felony, and (B) before the commission of such felony, was convicted of at least two felonies, and
(2) the court is of the opinion that the history and character of such person and the nature and circumstances of his criminal conduct indicate that extended incarceration or lifetime supervision, or both, will best serve the public interest, the court may, in lieu of any sentence otherwise authorized for the felony referred to in clause (A) of paragraph (1), impose such greater sentence as it deems necessary, including imprisonment for the natural life of such person.
. D.C.Code 1973, § 23-111(b) provides:
If the prosecutor files an information under this section, the court shall, after conviction but before pronouncement of sentence, inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a previous conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence.
. This opinion is limited to the jurisdictional issues herein presented and does not reach the merits of appellant’s collateral challenge.
. D.C.Code 1973, § 23-111(b), supra note 2.
. Super.Ct.Cr.R. 35(a) provides:
The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence. The court may reduce a sentence within 120 days after the sentence is imposed, or within 120 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within 120 days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction. The court may also reduce a sentence upon revocation of probation as provided.
. It is settled that the 120-day limitation in Rule 35(a) is a grant of jurisdiction and may not be extended. McDaniels v. United States, D.C. App., 385 A.2d 180 (1978); see United States v. Nunzio, D.C.App., 430 A.2d 1372 (1981).
. See 21 U.S.C. § 851(b) (1976); 28 U.S.C. § 2255 (1976).
. See Fed.R.Crim.P. 35(a).
Dissenting Opinion
dissenting:
In my view, the sentence at issue here is not one imposed in an “illegal manner,” but rather an “illegal” sentence within the meaning of Super.Ct.Cr.R. 35(a). It is an “enhanced” sentence imposed in violation of Section 23-111(b) of the D.C.Code. This court has mandated strict compliance with the procedures of this statute for an obviously basic reason.
This is why we must look below the surface of what is easy to think of as a “procedural error.” The commission of this “procedural error” can well result in the loss of a substantive right. There is much more at
The legal requirements for imposition of an enhanced sentence were not met here and, thus, the court did not have the authority to impose this sentence. As a result, “the enhanced sentence in fact exceeds the normal statutory maximum which the Judge is otherwise authorized to impose,” United States v. Cevallos, supra at 1128, and is “illegal.”
. Fields v. United States, D.C.App., 396 A.2d 990 (1979); (Robert) Smith v. United States, D.C.App., 356 A.2d 650 (1976); (Ernestine) Smith v. United States, D.C.App., 304 A.2d 28, cert. denied, 414 U.S. 1114, 94 S.Ct. 846, 38 L.Ed.2d 741 (1973).
. See United States v. Lippner, 676 F.2d 456, 467-68 n. 16 (11th Cir. 1982); United States v. Garrett, 565 F.2d 1065 (9th Cir. 1977), cert. denied, 435 U.S. 974, 98 S.Ct. 1620, 56 L.Ed.2d 67 (1978). These cases, as does United States v. Ramsey, 210 U.S.App.D.C. 285, 655 F.2d 398 (1981), involve Fed.R.Crim.P. 35(a). Federal Rule 35(a) is identical to Super.Ct.Cr.R. 35(a) and is to be construed in light of the interpretation given the former by the federal courts. See McDaniels v. United States, D.C.App., 385 A.2d 180, 181 n. 2 (1978).
Reference
- Full Case Name
- Timothy L. ROBINSON, Appellant, v. UNITED STATES, Appellee
- Cited By
- 24 cases
- Status
- Published