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Mugnano v. Painter
Citations: 212 W. Va. 831; 575 S.E.2d 590; 2002 W. Va. LEXIS 195Docket: No. 30618
Court: West Virginia Supreme Court; November 17, 2002; West Virginia; State Supreme Court
Andrew Mugnano, incarcerated for first degree murder and malicious wounding, appeals a Circuit Court decision from Greenbrier County that denied his habeas corpus petition. In his pro se petition, Mugnano argued that the State of West Virginia breached a plea agreement linked to his conviction and that his trial counsel was ineffective for not objecting to the State’s non-compliance. He sought the appointment of counsel for his case, which the court denied, concluding he did not present adequate grounds for relief. Mugnano claims the court erred by not appointing counsel and by not providing a meaningful hearing on the alleged breach of the plea agreement and the effectiveness of his attorney’s performance. Mugnano was indicted for murdering his wife, Theresa Mugnano, and for maliciously wounding her companion. He entered a plea agreement in which he pleaded guilty to the charges, with the State agreeing to remain silent on sentencing. The agreement specified that sentencing discretion lay solely with the court and allowed the State to present relevant facts and respond to court inquiries. During the sentencing hearing, the prosecutor made a statement implying the lasting impact of the crime, which Mugnano’s attorney did not contest. The court subsequently sentenced him to life without mercy, citing Mugnano's lack of acceptance of responsibility and the need to reflect the seriousness of the offense. Mugnano contended that the prosecutor's remark breached the plea agreement and later attempted to appeal this decision, but the appeal was denied by the Court on April 3, 2001. On May 9, 2001, the appellant initiated a pro se habeas corpus proceeding, asserting that a prosecutor's comment regarding Theresa Mugnano's ongoing death over 15 to 18 years violated his plea agreement and constituted a comment on his potential sentence. He also claimed ineffective assistance of counsel for his attorney's failure to object to the prosecutor's remarks. The appellant requested the appointment of counsel for his habeas corpus proceeding, but the Circuit Court of Greenbrier County denied his petition on May 31, 2001, without ruling on the request for counsel. The court found that the State had reserved the right to address issues related to acceptance of responsibility and the nature of the offense in the plea agreement, concluding that there was no breach. The appellant's appeal argues that the circuit court erred in not appointing counsel and in its determination that the State did not breach the plea agreement, implying he received adequate counsel. The standard of review states that findings of fact by the trial court are upheld unless clearly wrong, with the final order reviewed for abuse of discretion and legal conclusions reviewed de novo. The court highlighted that under Rule 4(b) of the Rules Governing Post-Conviction Habeas Corpus Proceedings, while it can appoint counsel for indigent petitioners, it is not mandated to do so in every case. The circuit court determined that the appellant had not presented sufficient grounds for relief, affirming that the prosecutor's remarks were consistent with the terms reserved in the plea agreement. The Court has determined that the State, while not making a specific sentence recommendation in the plea agreement, retained the right to discuss the nature and seriousness of the crime and respond to statements from the appellant's counsel. The Court clarified that the remark concerning Theresa Mugnano's potential death in 15 or 18 years was not a specific sentence recommendation but rather a comment on the seriousness of the offense in response to defense counsel's remarks. Consequently, this comment was deemed appropriate and did not violate the plea agreement, which also implies that the defense counsel's failure to object did not constitute ineffective assistance. The Court concluded that the claims in the habeas corpus petition did not warrant relief, affirming the judgment of the Circuit Court of Greenbrier County, with Justice Starcher dissenting. The document also notes a discrepancy in the spelling of Theresa Mugnano’s name in the indictment and other records.