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Matthews v. Commonwealth4/1/2005
AFFIRMING
Shortly before midnight on June 26, 1996, Jimmy Matthews, who was drunk, drove a vehicle the wrong way on Interstate 65 in Jefferson County and caused an accident that, fortunately, did not kill anyone. As a result of the accident, Matthews, who had five prior felony convictions and various misdemeanor convictions including DUI offenses, was convicted and sentenced to 50 years in prison. The 50-year sentence was affirmed by the Kentucky Supreme Court on direct appeal, and Matthews filed a motion to vacate or set aside his convictions and sentences pursuant to RCr 11.42. The circuit court denied the motion without granting an evidentiary hearing and without stating any reason for doing so. This appeal by Matthews followed.
The facts are that Matthews drove his vehicle the wrong way on I-65 in Jefferson County and collided with a pickup truck driven by Sharon Glover before smashing head-on into a car driven by Charlie Hatchell. Glover was not seriously injured, although she missed working for the next three weeks due to a stiff neck and was required to undergo physical therapy. Her pickup truck suffered significant damage.
Hatchell was not as fortunate. His injuries included a crushed heel, crushed joints between the ankle and heel, and a fractured kneecap. Fortunately, he was wearing his seatbelt, and the airbags in his car deployed upon the impact. His car was also significantly damaged. A third vehicle in which two persons were traveling was hit by debris from the accident.
The car driven by Matthews ended upside down after crashing into the Hatchell car. Special equipment was required to remove Matthews from his car, and he was transported by ambulance to a hospital. A blood alcohol test of Matthews revealed a result of .25%.
Following a jury trial, Matthews was convicted of DUI (4th offense), driving with suspended license due to DUI (2nd offense), first-degree assault, two counts of first-degree wanton endangerment, two counts of first-degree criminal mischief, and first-degree persistent felony offender (PFO). Due to enhancement for the PFO conviction, Matthews was sentenced to 20 years for DUI, 50 years for first-degree assault, 20 years on each count of first-degree wanton endangerment, and 20 years on each count of first-degree criminal mischief. His sentence for driving on suspended license was fixed at 12 months in the county jail. All sentences were ordered to run concurrently for a total sentence of 50 years. On his direct appeal to the Kentucky Supreme Court, all convictions and sentences were affirmed with the exception of one count of first-degree wanton endangerment. The reversal of that conviction and sentence did not affect the total sentence of 50 years.
Matthews thereafter filed a motion to vacate his sentence pursuant to RCr 11.42. He alleged the ineffective assistance of counsel, specifically counsel's failure to present Matthews' history of alcoholism as a defense. Matthews claimed that counsel failed to offer any expert testimony or scientific proof regarding alcoholism, its effect, and treatment options. In connection with these allegations, Matthews asserted that his counsel totally failed to prepare, investigate, and offer reasonable and relevant defenses and mitigation.
The trial court summarily denied the motion without granting an evidentiary hearing. Matthews then moved the court to alter, amend, or vacate its order pursuant to CR 59.05. He also moved the court to make specific findings of fact and conclusions of law in the event it denied his motion. The trial court summarily denied the motion but did not make specific findings of fact or conclusions of law. This appeal by M
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