State v. Dye

858 P.2d 789, 124 Idaho 250, 1993 Ida. App. LEXIS 97
CourtIdaho Court of Appeals
DecidedJune 28, 1993
DocketNo. 19031
StatusPublished
Cited by8 cases

This text of 858 P.2d 789 (State v. Dye) 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
State v. Dye, 858 P.2d 789, 124 Idaho 250, 1993 Ida. App. LEXIS 97 (Idaho Ct. App. 1993).

Opinion

SWANSTROM, Judge.

The state charged Alvin Ervin Dye with attempted rape, I.C. § 18-6101; crime against nature, I.C. § 18-6605; first degree kidnapping, I.C. §§ 18-4501, -4502; and battery with the intent to commit a serious felony, I.C. § 18-911. The state also sought to subject Dye to an extended sentence under I.C. § 19-2514 as a persistent violator based on two prior felony convictions. At trial, after the state had presented its opening statement, Dye pled guilty to the charges of attempted rape and battery with intent to commit a serious felony, and the state dismissed the other two counts as well as the persistent violator allegation. Prior to sentencing, Dye moved to withdraw his guilty pleas; the motion was denied. The district court sentenced Dye to two concurrent seven-year sentences, each with a minimum fixed period of four years. Dye appeals.

The issues Dye presents are first, whether the district court erred by not allowing him to withdraw his guilty pleas and second, whether Dye was denied the effective assistance of counsel. We hold that the court did not err by denying Dye’s request to withdraw his guilty pleas, and that Dye was not denied the effective assistance of counsel. We affirm the judgment of conviction.

Facts and Procedural History

Dye was represented initially by the two public defenders for Latah County. They represented Dye at arraignment, for various pretrial motions, during the first two days of the jury trial which started on February 12, 1990, and at the time Dye entered his guilty pleas on February 13. Prior to sentencing, on February 22, Dye moved pro se to withdraw his guilty pleas. Dye also moved for appointment of new counsel on the same day. The public defenders also moved to withdraw as counsel for Dye. On March 5, the district court granted the public defenders’ motion for leave to withdraw as counsel, and the court appointed new counsel. Through new counsel, Dye filed an amended motion for withdrawal of guilty pleas on March 19. A hearing on the motion was held on April 23, and the hearing was continued until June 15, 1990. Dye, his aunt, and one of the public defenders testified for the defendant at the hearing. At the conclusion of the hearing, the state moved to dismiss Dye’s motion to withdraw his guilty pleas, and the court took the state’s motion under advisement. The court later issued a written opinion granting the state’s motion to dismiss on the ground that Dye had not shown a just reason to withdraw his guilty pleas. On October 17, the court sentenced Dye in accordance with the plea agreement to two unified seven-year sentences, each with a fixed period of four years to run concurrently. After filing a notice of appeal for Dye, counsel was allowed to withdraw. Dye’s present counsel was then appointed for this appeal.

We are asked to consider events occurring just before the trial. On Saturday, February 10, 1990, the prosecuting attorney learned that an inmate at the jail, Hoyt Williams, claimed that Dye had confessed to the crimes in jail. The prosecuting attorney interviewed Williams late that evening. On February 12, the day the jury trial started, the prosecuting attorney gave a copy of Williams’ written statement to defense counsel during an afternoon break. Defense counsel requested a conference which was held on the next morning.

The theory defense counsel planned to pursue required Dye to testify. His counsel expected Dye to testify that the victim was angry with him and that she had made the charges as a means for vindication. Defense counsel also thought that the physical evidence was consistent with Dye’s story and his adherence to the claim that he was innocent.

Dye moved in limine to exclude Williams’ written statement and to prevent Williams from testifying in court. He based this [253]*253motion on three grounds, first that the testimony of Williams was irrelevant, that his counsel had not learned of Williams’ statement until the trial had begun, and finally that his original defense counsel had a conflict of interest arising from earlier representation of Williams. The district court granted the motion to exclude the written statement based on hearsay. The court, however, essentially denied the motion to prevent Williams from testifying at all.

The alleged conflict existed because the two public defenders had represented Williams in a separate extradition matter, and they argued that they would not be able to effectively cross-examine Williams in Dye’s defense without using confidential information learned in the course of representing Williams. However, the district court disagreed and stated that no conflict of interest existed because any impeachment of Williams by defense counsel would utilize information of prior convictions furnished by the state. Defense counsel could not identify any information they had acquired during their prior representation of Williams which they might use to discredit his testimony. The court also relieved counsel of any further representation of Williams to prevent any potential future conflict.

The fact that defense counsel had learned of Williams’ statement on the first day of trial created an issue of late disclosure. The state initially intended to use Williams in its case in chief, however, Williams had not been disclosed to the defense as a possible witness in accordance with I.C.R. 16(b)(6). Nevertheless, the state avoided the granting of Dye’s motions for a mistrial and continuance by limiting the potential use of Williams to that of a rebuttal witness to testify as to a prior inconsistent statement should Dye testify. See State v. Lopez, 107 Idaho 726, 692 P.2d 370 (Ct.App.1984) (prosecutor’s duty to disclose witnesses does not extend to those called on rebuttal).

On February 13, the prosecuting attorney gave an opening statement and asserted that the evidence would show the following: Dye agreed to give the alleged victim a ride from Potlatch to Moscow. Instead of traveling directly to Moscow, Dye turned off the highway to Moscow, drove west and eventually stopped the car. At that time Dye threatened to kill the woman, forced her to perform fellatio upon him and attempted to rape her.

At the hearing on the motion to withdraw guilty pleas, Dye called one of his earlier attorneys as a witness. According to counsel’s testimony, upon hearing the state’s opening statement, Dye told counsel at the noon recess that he wanted them to try and get the best deal they could. After the recess, the parties returned and informed the district court that the state and the defendant had entered into an I.C.R. 11(d)(1)(B) written plea agreement. The court questioned Dye regarding the decision to plead guilty. Being satisfied that Dye’s desire to enter the guilty pleas was a knowing and voluntary decision, the court accepted the pleas. In exchange for the guilty pleas to attempted rape and battery with intent to commit a serious felony, the state dismissed charges of kidnapping and crime against nature and the persistent violator allegation.

I

The district court effectively denied Dye’s motion to withdraw his guilty pleas by granting the state’s motion to dismiss. A district court’s denial of a motion to withdraw a guilty plea will not be reversed absent an abuse of discretion. State v. Lavy, 121 Idaho 842, 828 P.2d 871 (1992). Idaho Criminal Rule 33(c) provides in part:

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Bluebook (online)
858 P.2d 789, 124 Idaho 250, 1993 Ida. App. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dye-idahoctapp-1993.