People v. Martinez

869 P.2d 519, 18 Brief Times Rptr. 377, 1994 Colo. LEXIS 199, 1994 WL 57788
CourtSupreme Court of Colorado
DecidedFebruary 28, 1994
DocketNo. 92SC564
StatusPublished
Cited by32 cases

This text of 869 P.2d 519 (People v. Martinez) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Martinez, 869 P.2d 519, 18 Brief Times Rptr. 377, 1994 Colo. LEXIS 199, 1994 WL 57788 (Colo. 1994).

Opinions

Justice ERICKSON

delivered the Opinion of the Court.

We granted certiorari to review People v. Martinez, No. 88CA0455 (Colo.App. June 18, 1992). John Jacob Martinez (Martinez) was tried and convicted of first-degree murder and of being an habitual criminal. The trial judge imposed a life sentence for first-degree murder and a life sentence on the habitual criminal conviction. The court of appeals vacated the life sentence imposed on Martinez as an habitual criminal and that issue is not before us for review. The issue addressed by the court of appeals that we must determine is whether Martinez waived or was denied his right to conflict-free representation under the facts of this case.

Prior to trial, after an extended evidentia-ry hearing, the trial judge found that Martinez knowingly, voluntarily, and intelligently waived his right to conflict-free representa[522]*522tion. Martinez appealed and the court of appeals remanded the ease to the trial court to determine if Martinez properly waived his right to conflict-free representation.

Because the record supports the trial court’s finding that Martinez waived his right to conflict-free representation, a remand is not necessary under the facts of this case to determine the issue of waiver of conflict-free representation. Accordingly, we reverse and remand this case to the court of appeals with directions to reinstate the judgment of conviction and the sentence imposed by the trial judge for first-degree murder.

I

A

On April 18, 1987, Charles Walker (Walker), Martinez’s neighbor, was stabbed to death. On that night, there was a party at Martinez’s residence. At approximately 1:30 a.m., Walker came out of his house and confronted Martinez. Walker told Martinez that one of the individuals at the party had urinated on his garage door. Martinez and Walker began to fight and after a few minutes, Martinez ran into his house and returned brandishing a knife. Martinez confronted Walker and jabbed the knife at him. Walker did not initially retreat and showed a willingness to continue the fight. Ultimately, however, Walker turned and ran from Martinez. Martinez and one of his friends pursued Walker when he fled.

Walker’s girlfriend witnessed the argument and the fight in front of the house. When Walker fled, she quickly dressed and attempted to follow him. She later located Walker a few blocks away, lying on the ground, alone and bleeding. She helped Walker up and they began to walk to their house. As they were walking, Walker told his girlfriend that he was dying. Before they reached their house, Martinez approached the couple from behind, slapped Walker.on the back, and told him: “You’re not hurt, Bud. Come on. You’re OK.” Martinez then raised his fist in a threatening manner toward Walker’s girlfriend and asked her if the police would be contacted.

After confronting the couple, Martinez returned to his home. While at his residence, a witness to the fight asked Martinez what happened; Martinez replied, “I stabbed him.” Subsequently, Martinez and his girlfriend went to the home of Gregory Keith Harris (Harris) and Susan Olguin (Olguin). After arriving at Harris’ and Olguin’s house, Martinez told Harris that he “cut a guy five times” in a fight that began when one of Martinez’s friends was accused of urinating on a garage door. Harris later testified that Martinez had blood on his clothes when he arrived at the house. Harris’ ten-year-old daughter also recalled seeing blood on Martinez’s clothes and later watching Olguin wash the blood from the clothes.

Shortly after the fight occurred, paramedics transported Walker to the hospital. Walker died the following day due to loss of blood from multiple stab wounds. An autopsy revealed that Walker suffered at least eight stab wounds during the attack including cuts to his face, scalp, and scrotum. One wound went completely through Walker’s back and cut a vein leading to his heart; another wound severed the muscles in Walker’s arm.

Police later executed a search warrant on Martinez’s residence. They discovered blood stains on the front door knob, on the wallboard of the bathroom, and on Martinez’s gym shoes. Forensic experts determined that the blood found by the police matched Walker’s blood-type. Martinez was arrested and indicted for first-degree murder and crime of violence. The prosecution later filed three habitual criminal counts against Martinez.

B

When charges were filed, counsel was appointed to represent Martinez (defense counsel). Defense counsel represented Martinez on several pretrial motions and at his trial, which began on January 25, 1988.

On the second day of trial, Olguin, Harris, Harris’ daughter, and Martinez’s girlfriend failed to appear in compliance with their subpoenas. The prosecutor obtained a continuance to locate the missing witnesses. On [523]*523January 29, 1988, Harris and Olguin were apprehended by the Colorado Springs police. Harris and Olguin told the police and the investigators from the district attorney’s office that they did not appear because defense counsel told them that it would be better for Martinez if they did not show up for the trial. As a result of Harris’ and Olguin’s allegations, the prosecutor concluded that a grievance should be filed with -the Office of Disciplinary Counsel of the Colorado Supreme Court against defense counsel for advising the witnesses not to appear.

On February 8, 1988, the trial court conducted an evidentiary hearing at the request of the prosecution. At the hearing, the prosecution advised the court, defense counsel, and Martinez that the prosecution intended to file a grievance against Martinez’s attorney, and that the prosecution was concerned that filing a grievance would create conflicts of interest. Defense counsel denied the allegations, but requested that he be allowed to withdraw from representing Martinez.

The trial court asked Martinez if he understood how the witnesses’ allegations and the prosecution’s decision to file a grievance affected defense counsel’s ability to effectively represent him. Martinez replied that he had heard and understood the discussion regarding the conflicts. The judge then asked Martinez if he still wanted his attorney to continue to represent him or if he wanted a new attorney. Martinez responded that Harris’ and Olguin’s allegations against his attorney were not credible because they were- liars and that he did not need a new attorney. When asked whether he understood that there might be conflicts in the future, Martinez told the court that he would let his attorney make any decisions regarding future conflicts.

The trial judge was not certain that Martinez fully understood the magnitude of defense counsel’s alleged conflicts and the effect of the conflicts on the defense of the case. A recess was ordered by the trial judge to allow Martinez to consult with his attorney regarding the conflicts of interest.

The following day, the trial judge again considered whether defense counsel should continue to represent Martinez. The trial judge concluded that continuing the trial and appointing a new attorney would be unfair to Martinez and held that in order to avoid any conflicts of interest and to prevent his attorney from being called as a witness, neither the prosecution nor the defense would be permitted to ask Harris or Olguin why they did not appear in compliance with their subpoenas.

The court then questioned Martinez regarding whether he understood the conflicts of interest.

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Bluebook (online)
869 P.2d 519, 18 Brief Times Rptr. 377, 1994 Colo. LEXIS 199, 1994 WL 57788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martinez-colo-1994.