State v. Spain

The opinion of the court was delivered by David Spain appeals from the hard 40 sentence imposed after he entered a plea to one count of premeditated first-degree murder. These essential facts are not in dispute: On March 17, 1995, David Spain and two other inmates escaped from the Haskell County Jail after Spain shot the dispatcher, Irvin Powell. Spain fired one shot from behind, which struck Powell in the neck. After being told by one of the other escapees to ""[p]lug him again,"" Spain fired a second shot into Powell's chest. Powell died 3 days later from the bullet wounds inflicted by Spain. Spain entered a plea of no contest to one count of premeditated first-degree murder. He was sentenced to serve a mandatory term of imprisonment of 40 years. Additional facts will be stated as needed in discussion of the issues raised by Spain.