State v. Arsenault

897 A.2d 988, 153 N.H. 413, 2006 N.H. LEXIS 43
CourtSupreme Court of New Hampshire
DecidedApril 25, 2006
DocketNo. 2005-208
StatusPublished
Cited by12 cases

This text of 897 A.2d 988 (State v. Arsenault) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Arsenault, 897 A.2d 988, 153 N.H. 413, 2006 N.H. LEXIS 43 (N.H. 2006).

Opinion

Galway, J.

The defendant, Christopher W. Arsenault, appeals an order of the Merrimack District Court {Michael, J.) denying his motion to vacate a prior conviction. We reverse.

The parties do not dispute the material facts in this case. In March 2001, Arsenault was charged with driving while intoxicated (DWI) in violation of [415]*415RSA 265:82. The complaint alleged that Arsenault drove a motor vehicle upon a way while having an alcohol concentration of .02 or more. Arsenault was under twenty-one years of age at that time. In July 2001, he appeared in court without a lawyer, spoke with someone at the courthouse, and indicated his intention to plead guilty. The person provided Arsenault with an acknowledgment and waiver of rights form, which he signed.

After he signed the acknowledgment and waiver of rights form, Arsenault presented it to the court and the court engaged him in a plea colloquy. The record shows that the colloquy contained no discussion of either the elements or the nature of the offense charged. The trial court sentenced Arsenault to a 120-day loss of license and a fine of three hundred and fifty dollars.

In 2004, Arsenault was arrested for a subsequent DWI offense. In January 2005, he moved to vacate his 2001 DWI conviction, arguing that his guilty plea was not knowingly, intelligently and voluntarily made because the elements of the offense were never explained to him. After a hearing in the trial court, the motion was denied.

On appeal, Arsenault argues that the State had the burden of proving that his plea was knowing, intelligent and voluntary. He asserts that, since the record is devoid of evidence that he was advised of the elements of the charge against him, the trial court could not have found his plea was knowing, intelligent and voluntary.

The State responds that, though the trial court did not advise Arsenault of the elements of DWI, the court could have properly assumed that he was aware of them because he received the complaint and signed the waiver form. Additionally, the State argues that it is the defendant who had the burden of proving that a plea was not knowing, intelligent or voluntary. The State concludes that, even if Arsenault lacked understanding of the elements, the court’s error was harmless.

I. Due Process

Arsenault’s argument that his guilty plea was not knowingly, intelligently and voluntarily made implicates the due process rights guaranteed by the Fourteenth Amendment to the United States Constitution. Boykin v. Alabama, 395 U.S. 238, 243 (1969). We review constitutional questions of law de novo. In the Matter of Berg & Berg, 152 N.H. 658, 661 (2005). Because Arsenault did not unambiguously and specifically invoke a provision of the New Hampshire Constitution, we address only his federal claim. See Appeal of Morgan, 144 N.H. 44, 46-47 (1999). We note that the State does not challenge the applicability of due process rights in the context of a violation, as opposed to a crime. Accordingly, we do not address that distinction.

[416]*416It is well established that a guilty plea must be knowing, intelligent, and voluntary to be valid. E.g., State v. Thornton, 140 N.H. 532, 536 (1995). A guilty plea does not qualify as intelligent unless the defendant first receives “real notice of the true nature of the charge against him.” Bousley v. United States, 523 U.S. 614, 618 (1998) (quotations omitted). For a plea to be knowing, intelligent, and voluntary, the defendant must understand the essential elements of the crime to which he pleads guilty. Thornton, 140 N.H. at 537.

Which party bears the burden of proof when a defendant challenges the knowledge or volition of his plea depends upon the procedural posture of the appeal. State v. Zankowski, 140 N.H. 294, 296 (1995). If the defendant directly attacks his conviction, then the Supreme Court’s decision in Boykin, 395 U.S. at 243, requires an affirmative showing on the record that he entered his guilty plea knowingly, intelligently, and voluntarily. Richard v. MacAskill, 129 N.H. 405, 407 (1987). “Without a record of the trial court’s inquiry into the voluntary and knowing character of a defendant’s decision, acceptance of his plea will be treated as plain error.” Id. In a collateral attack, however, a defendant’s claim of an inadequate record in violation of Boykin is not, without more, sufficient to trigger review, and proof of a silent record, alone, is insufficient to require reversal. Zankowski, 140 N.H. at 296. To successfully mount a collateral attack, “[t]he defendant must describe the specific manner in which the waiver was in fact involuntary or without understanding, and must at least go forward with evidence sufficient to indicate that his specific claim presents a genuine issue for adjudication.” Id. If the defendant meets the initial burden, then the record’s compliance with Boykin determines which party thereafter bears the burden of proof. Richard, 129 N.H. at 408. If the face of the record indicates that the trial court affirmatively inquired into the knowledge and volition of the defendant’s plea, then the defendant will bear the burden “to demonstrate by clear and convincing evidence that the trial court was wrong and that his plea was either involuntary or unknowing for the reason he specifically claims.” Id. On the other hand,

[i]f there is no record or an inadequate record of the trial court’s enquiries into the defendant’s volition and knowledge, the burden rests on the State to respond to the defendant’s claim by demonstrating to a clear and convincing degree that the plea was voluntary or knowing in the respect specifically challenged.

Id. (citations omitted).

[417]*417Because Arsenault’s motion to vacate was a collateral attack, he bore the initial burden to “describe the specific manner in which the waiver was in fact involuntary or without understanding” and to “at least go forward with evidence sufficient to indicate that his specific claim presented] a genuine issue for adjudication.” Zankowski, 140 N.H. at 296. In his motion to vacate, Arsenault argued that he did not understand the elements of the offense charged against him, stating that his information regarding the plea came only from the prosecutor and that Arsenault did not, at any time, have any of the elements of the offense described to him by anyone. He further stated that, at the time he entered his plea, he was twenty years of age, had minimum schooling, and had consulted with no legal representative prior to appearing in court that day. Thus, Arsenault described the manner in which his waiver lacked understanding.

At the 2005 hearing on Arsenault’s motion to vacate, the trial court allowed Arsenault to further comment on his motion if he wished. Both Arsenault and the State made legal arguments at the hearing. From a review of the transcript, it is clear that the parties and the court treated the facts alleged in Arsenault’s pleading as “evidence” for purposes of satisfying the requirement that the defendant “at least go forward with evidence sufficient to indicate that his specific claim presented] a genuine issue for adjudication.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
897 A.2d 988, 153 N.H. 413, 2006 N.H. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-arsenault-nh-2006.