Sanchez v. State

2002 WY 31, 41 P.3d 531, 2002 Wyo. LEXIS 31, 2002 WL 257335
CourtWyoming Supreme Court
DecidedFebruary 25, 2002
Docket00-197
StatusPublished
Cited by13 cases

This text of 2002 WY 31 (Sanchez v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. State, 2002 WY 31, 41 P.3d 531, 2002 Wyo. LEXIS 31, 2002 WL 257335 (Wyo. 2002).

Opinions

LEHMAN, Chief Justice.

[T1] Appellant Francisco Orlando Sanchez appeals from the judgment and sentence that the trial court entered after a jury found him guilty of one count of second degree murder and one count of aggravated assault with a deadly weapon.

[¶2] We affirm.

ISSUES

[13] Sanchez presents the following issues for appeal:

Whether appellant received ineffective assistance of counsel when appellant's trial counsel stipulated, and advised appellant to stipulate, that the victim's death was caused directly by the defendant's very hard swing of the club to the victim's left temporal area of his head.
Whether prosecutorial misconduct occurred, denying appellant a fair trial, when the prosecutor improperly appealed to community outrage in closing argument, and when the trial court failed to rectify the error with a proper instruction.

[533]*533FACTS

[14] The unfortunate events in this case occurred sometime between midnight and one o'clock on the morning of June 24, 1999. Earlier in the night of June 28, 1999, two sets of friends gathered at their respective residences, located just a few houses from each other. One set of friends included Scott Tannehill (the victim), Dustin Wall, Amber Hartman, Floyd Bisbee, and Mark Boswell. Boswell and Bisbee lived in the house where this group of friends gathered on this evening. Just a few doors down, another group assembled at a house lived in by Sanchez and Dean Ballinger. In addition to Sanchez and Ballinger, Kenneth Harvey, Robert Vasser, Lance Strever, and Jeanne Skinner congregated at this house. >

[15] In the weeks leading up to June 24, Bisbee, Boswell, the victim, and Wall had engaged in some unpleasant confrontations with Sanchez and Ballinger. These confrontations occurred apparently because an ex-girlfriend of Ballinger's had been found by him to be visiting the Bisbee/Boswell residence. A tension between the two groups of friends developed, and the fact that they lived so closely intensified the tension.

[16] On June 24, the victim, Wall, Bis-bee, and Boswell went outside in the alley to smoke cigarettes. While they were outside, they noticed two people standing outside the Ballinger/Sanchez home smoking cigarettes. The foursome thought the two figures were Ballinger and Sanchez and decided to go talk to them to "resolve the situation" between the two groups. As the foursome got closer, they realized the two people were not Bal-linger and Sanchez and continued to walk past them. The two individuals were Harvey and Vasser. Harvey called out to Boswell, and it turned out they were old classmates. Onee they realized the two boys knew each other, they all began to talk. Boswell asked if Harvey and Vasser would go get Ballinger and Sanchez so that the foursome could talk to them. The two went inside and informed Ballinger and Sanchez that the four individuals were waiting outside to see them.

[17] Sanchez and Ballinger went outside to confront the foursome. Sanchez spilled his beer as he attempted to set it down and stated, "This better be good, because I just spilled my beer, so someone's going to the hospital." Wall responded that they did not want to fight. Some arguing occurred, and Sanchez reached behind his back and pulled out a club. He swung it at Wall, barely missing when Wall simultaneously stepped back and moved his head. Sanchez then stepped toward the victim and swung at him. This time, Sanchez connected with the victim's head just above his left temple. The victim dropped to his knees, stood, stumbled forward, and fell straight to the ground. The remaining three friends picked the victim up and walked him back to the Bisbee/Boswell house.

[18] Onee back at the Bisbee/Boswell house, the victim objected to being taken to the hospital and instead asked to be taken home. The three friends agreed to do so and told the victim to wake his father when he got home. They took the victim home, and he walked into his house. Instead of waking his father, however, the vietim unfortunately went straight to bed.

[19] The next morning, the victim's father heard his son breathing strangely. When his attempts to wake his son were not successful, he called 911. The victim's breathing continued to get worse and finally stopped. - His father performed rescue breathing until the ambulance arrived. The ambulance took the victim to the hospital, and he was later life-flighted to Billings, Montana, where he died on June 25, 1999.

DISCUSSION

Effective Assistance of Counsel

[T10] Sanchez contends that his counsel's representation was ineffective because he stipulated that the victim's death was "caused directly by the Defendant's very hard swing of the club to Tannehill's left temporal area of his head." Sanchez maintains that it was the State's burden to prove all the elements of the crime of second degree murder, which includes that Sanchez directly and proximately caused the victim's death. He insists that the victim's friends' failure to take him to the hospital created an intervening cause, which broke the chain of [534]*534causation. The State counters that an intervening cause defense was not available to Sanchez given the facts of this case and that the stipulation was in furtherance of a sound self-defense trial strategy.

[T11] We have consistently applied the following standard when we review ineffective assistance of counsel claims:

First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the "counsel" guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.

Pearson v. State, 12 P.3d 686, 691 (Wyo.2000) (quoting Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984)); see also Mapp v. State, 953 P.2d 140, 143 (Wyo.1998). In pursuing such a claim, we invoke a "strong presumption that counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment." Jackson v. State, 902 P.2d 1292, 1295 (Wyo.1995).

[112] The first hurdle that Sanchez must clear pursuant to the standard of review is to demonstrate that his counsel's performance was deficient. In arguing that his counsel should not have stipulated to the fact that his blow to the victim's head directly and proximately caused the victim's death, Sanchez asserts that an intervening cause may have caused the victim's death. He insists that the victim had a good chance of surviving and that his friends' failure to take him to the hospital could have been the reason the victim died. He complains that we will never know because the stipulation prevented any medical testimony regarding this possibility.

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Bluebook (online)
2002 WY 31, 41 P.3d 531, 2002 Wyo. LEXIS 31, 2002 WL 257335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-state-wyo-2002.