No. 92-470 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1993 

STATE OF MONTANA, 

Plaintiff and Respondent, 

v. 

THOMAS E. VAN HAELE, 

Defendant and Appellant. 

APPEAL FROM: District Court of the Sixteenth Judicial District, 

In and for the County of Treasure 

The Honorable Kenneth R. Wilson, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Thomas E. Van Haele, Pro Se, Deer Lodge, Montana 

For Respondent: 

Hon. Joseph P. Mazurek, Attorney General, 

Micheal S. Wellenstein, Asst. Attorney 

General, Helena, Montana; Lee Xerr, 

Treasure County Attorney, Hysham, Montana 

Filed: 

Submitted on Briefs: July 29, 1993 

Decided: October 12, 1993 
Justice William E. Hunt, Sr., delivered the opinion of the Court. 

Appellant Thomas Van Haele appeals from a judgment of the 

Sixteenth Judicial District Court, Treasure County, based on his 

pleas of guilty to one count of incest and one count of sexual 

intercourse without consent. After suspending time on each count 

upon conditions of probation and parole, the District Court 

sentenced defendant to a total of 15 years in the Montana State 

Prison and designated him a dangerous offender. 

We affirm. 

Appellant asserts various factual defenses and constitutional 

errors, including cruel and unusual punishment, double jeopardy, 

due process violations, prosecutorial misconduct, judicial 

misconduct, ineffective assistance of counsel, and improper bail. 

n ---,,..- 4. ---&--A- &L-A. ApprlLaill- CIUUL=IIU= ULCIC- a nuiuiiei of these violdiions caused him co 

plead guilty. The State asserts that appellant waived all his 

factual defenses and constitutional claims by pleading guilty and 

that his other claims are not supported by the District Court 

record. We agree. 

On appeal, we determine the sole issue to be whether appellant 

voluntarily and intelligently entered his guilty plea. 

In State v. Hilton (1979), 183 Mont. 13, 18, 597 P.2d 1171, 

1174, we said that "[o]nce a defendant properly pleads guilty he 

waives all factual defenses as well as constitutional violations 

which occur prior to the plea." (Citing State v. Turcotte (1974), 

164 Mont. 426, 428, 524 P.2d 787, 788.) Further, we stated that 

2 
"[tlhereafter, '[hie may only attack the voluntary and intelligent 

character of his plea . . . '" Hilton, 597 P.2d at 1174 (citations 

omitted). 

The District Court record reveals that appellant appeared 

before the court with counsel and was not intimidated or coerced 

into entering pleas of guilty to the two counts. Rather, he 

entered voluntary and intelligent pleas. According to the record, 

appellant knowingly waived his rights to a jury trial, to confront 

and cross-examine witnesses, to have witnesses testify on his 

behalf, to not be compelled to incriminate himself, and to appeal 

a jury verdict of guilty. Further, appellant attested that: 

(1) he understood the plea bargain agreement and was not 

emotionally or mentally disabled or impaired by drugs, alcohol, or 

:".4.:-- --A:-:-- -4. &L.. &:-.. .c ..-*-.":-- &L- -7-.. 4.. ~L~~~LA~LAV~L ~~=UALLIL= aL LU= LA^= VL =LLL=LALZ~ LIL~ pA=a ayLv=w=&iL, 

(2) he was entering into the plea bargain agreement voluntarily and 

intelligently; and (3) he was competent to enter the pleas. 

In sum, the record reflects that appellant's appeal is without 

merit. On these facts, we hold that appellant voluntarily and 

intelligently entered pleas of guilty to the counts charged in the 

amended complaint. 

We affirm. 

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 

1988 Internal Operating Rules, this decision shall not be cited as 

precedent and shall be published by its filing as a public document 
with the Clerk of the Supreme Court and by a report of its result 

to Montana Law Week, State Reporter and West Publishing Company. 

We concur: 
October 12. 1993 

CERTIFICATE OF SERVICE 

I hereby certify that the following order was sent by United States mail, prepaid, to the 

following named: 

THOMAS E. VAN HAELE 

700 Conley Lake Rd. 

Deer Lodge, MT 59722 

Karen E. Van Haek 

Box 284 

Hysham, MT 59038 

HOII. Jiisepii P. ivfarutek, iiiiurr~ey Generai 

Michael Wellenstein, Assistant 

Justice Bldg. 

Helena. MT 59620 

Lee R. Kerr 

Treasure County Attorney 

P.O. Box 72 

Hysham, MT 59038 

ED SMITH 

CLERK OF THE SUPREME COURT 

STATE OE MONTANA,