Menchaca v. State

917 P.2d 806, 128 Idaho 649, 1996 Ida. App. LEXIS 62
CourtIdaho Court of Appeals
DecidedMay 31, 1996
Docket21918
StatusPublished
Cited by3 cases

This text of 917 P.2d 806 (Menchaca v. State) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Menchaca v. State, 917 P.2d 806, 128 Idaho 649, 1996 Ida. App. LEXIS 62 (Idaho Ct. App. 1996).

Opinion

LANSING, Judge.

This is an appeal from an order denying Jose Menchaca’s application for post-conviction relief. We affirm.

I.

BACKGROUND

In separate criminal actions, Menchaea pleaded guilty to possession of a controlled substance with intent to deliver, I.C. § 37-2732(a), and driving without privileges (DWP), I.C. § 18-8001. For both offenses, Menchaea was sentenced to a term of confinement in the custody of the State Board of Correction. After initially retaining jurisdiction pursuant to I.C. § 19-2601(4), so that Menchaea could participate in the “rider” program at the North Idaho Correctional Institution, the district court relinquished jurisdiction and ordered that the sentences be executed.

In December 1993, Menchaea filed a pro se application for post-conviction relief. Counsel was appointed to represent Men-chaca in the post-conviction action, and the attorney filed an amended application which alleged as grounds for relief: (1) that Men- *651 ehaca’s attorney in the DWP action was ineffective because she did not adequately conduct discovery procedures and failed to suppress evidence; (2) that counsel in the delivery of a controlled substance case was ineffective because she failed to challenge the validity of a search warrant; and (3) that counsel provided ineffective assistance in both cases because she did not file a motion for reconsideration of the sentences pursuant to I.C.R. 35.

The district court issued an order scheduling an evidentiary hearing on Menchaca’s post-conviction claims for February 3, 1995. On November 25, 1994, the State filed a motion for summary dismissal of Menchaca’s application. A brief in support of the motion stated as grounds that the allegations in the application were conclusory and unsubstantiated by any facts which would show that his defense attorney had performed inadequately or that Menchaca had been prejudiced by his counsel’s performance. The State’s brief pointed out that bare conclusory allegations are insufficient to entitle the applicant to an evidentiary hearing. Menchaca filed no response to this motion. On January 20, 1995, the district court served on the parties an order giving notice of the district court’s intent to dismiss Menchaca’s application on essentially the grounds urged by the State in its motion. Following this notice, Menchaca filed an affidavit in support of his application. Menchaca also filed a motion for transport from the Idaho State Correctional Institution to the courthouse for trial. The motion for transport was denied.

On the scheduled evidentiary hearing date, February 3, 1995, the district court addressed the pending motion to dismiss filed by the State and the court’s own notice of intent to dismiss. The court concluded that the allegations in Menchaca’s application and his affidavit did not present facts which, if true, would entitle Menchaca to relief. After inquiring whether Menchaca had any other evidence to present and receiving a negative response, the court summarily dismissed the application for post-conviction relief.

On appeal, Menchaca argues that the court erred in summarily dismissing this action because factual issues were in dispute and that the trial court erred in denying the motion to transport Menchaca to the court, thereby preventing Menchaca from testifying at the evidentiary hearing.

II.

ANALYSIS

The legal standards governing our review of the summary disposition of an application for post-conviction relief were set out in Dunlap v. State, 126 Idaho 901, 904-05, 894 P.2d 134, 137-38 (Ct.App.1995) as follows:

An action for post-conviction relief is civil in nature. State v. Bearshield, 104 Idaho 676, 678, 662 P.2d 548, 550 (1983). The burden is east upon the applicant to prove his or her allegations by a preponderance of the evidence. I.C.R. 57(c); Russell v. State, 118 Idaho 65, 67, 794 P.2d 654, 656 (Ct.App.1990). Summary dismissal of an application pursuant to I.C. § 19-4906(b) is the equivalent of summary judgment under I.R.C.P. 56. Ramirez v. State, 113 Idaho 87, 89, 741 P.2d 374, 376 (Ct.App.1987). To avoid summary dismissal, the applicant must present facts showing he is entitled to relief, and this presentation must be made in the form of competent, admissible evidence. Paradis v. State, 110 Idaho 534, 536, 716 P.2d 1306, 1308 (1986); Roman v. State, 125 Idaho 644, 873 P.2d 898 (Ct.App.1994). On appeal from the summary dismissal of a post-conviction application, we examine the entire record and construe all factual allegations in favor of the applicant to determine if a genuine issue of material fact exists which, if resolved in the applicant’s favor, would entitle him to the requested relief. Noel v. State, 113 Idaho 92, 94, 741 P.2d 728, 730 (Ct.App.1987). Although the applicant’s uncontroverted factual allegations are assumed to be true, we do not give evidentia-ry value to mere conclusory allegations that are unsupported by admissible evidence. Phillips v. State, 108 Idaho 405, 407, 700 P.2d 27, 29 (1985); Roman, 125 Idaho at 647, 873 P.2d at 901.

An action for post-conviction relief is an appropriate vehicle for a claim that a guilty plea and conviction should be set aside *652 because the defendant did not receive effective assistance of counsel. State v. Blackburn, 99 Idaho 222, 579 P.2d 1205 (1978); State v. Koch, 116 Idaho 571, 573, 777 P.2d 1244, 1246 (Ct.App.1989). An applicant seeking relief for ineffective assistance must meet a two-pronged test. First, the applicant must show that the attorney’s representation did not meet objective standards of competence, i.e., that counsel’s conduct did not fall “within the wide range of reasonable professional assistance.” Strickland, v. Washington, 466 U.S. 668, 689, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984); Aragon v. State, 114 Idaho 758, 760, 760 P.2d 1174, 1176 (1988). Second, the applicant must demonstrate prejudice from the attorney’s deficient performance. Strickland, 466 U.S. at 691-96, 104 S.Ct. at 2066-69; Aragon, 114 Idaho at 760-61, 760 P.2d at 1176-77.

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Bluebook (online)
917 P.2d 806, 128 Idaho 649, 1996 Ida. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/menchaca-v-state-idahoctapp-1996.