State v. Geukgeuzian

2002 UT App 130, 54 P.3d 640, 446 Utah Adv. Rep. 9, 2002 Utah App. LEXIS 37, 2002 WL 725651
CourtCourt of Appeals of Utah
DecidedApril 25, 2002
Docket20010219-CA
StatusPublished
Cited by3 cases

This text of 2002 UT App 130 (State v. Geukgeuzian) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Geukgeuzian, 2002 UT App 130, 54 P.3d 640, 446 Utah Adv. Rep. 9, 2002 Utah App. LEXIS 37, 2002 WL 725651 (Utah Ct. App. 2002).

Opinions

[642]*642OPINION

JACKSON, Presiding Judge:

{1 Defendant appeals his convictions for Tampering with witness, a third degree felony, under Utah Code Ann. § 76-8-508(1) (Supp.2001), and making a Written false statement, a class B misdemeanor, under Utah Code Ann. § 76-8-504(2) (1999). He argues the trial court failed to properly instruct the jury on the elements of both offenses. Further, he contends that he received ineffective assistance of counsel. We affirm in part, reverse in part and remand.

BACKGROUND

T2 "We view the facts in the light most favorable to the jury verdict and recite them accordingly." State v. Loose, 2000 UT 11, ¶ 2, 994 P.2d 1237.

13 Defendant supervised Airman Jason Lyon, who often overheard Defendant making threats of violence against Defendant's wife when he and Defendant were driving together in a vehicle or working together in a "small area." 1 On May 5, 2000, Lyon signed a sworn statement regarding the threats he had overheard. After she learned of Defendant's threats, Defendant's ex-wife, Tatilia Geukgeuzian, filed a petition for a protective order.

T4 Defendant then took Lyon into a back room and requested that he make a statement "for his court case" suggesting that Lyon had never overheard Defendant threaten his ex-wife. Lyon complied with Defendant's request. A short time later, Defendant presented Lyon with a similar typed statement that Defendant had written for Lyon to sign. Lyon signed that statement also. At trial, Lyon testified, in effect, that he signed these two statements because he felt intimidated by Defendant, and because Defendant was his supervisor and could punish him at work.

ISSUES AND STANDARDS OF REVIEW

[2-5] 15 Defendant presents three challenges to the jury instructions. Because Defendant failed to object to the challenged jury instructions at trial, we review those instructions only upon a showing of manifest injustice. See Utah R.Crim. P. 19(c); State v. Casey, 2001 UT App 205, ¶ 26, 29 P.3d 25. "Manifest injustice under Rule 19(c) [of the Utah Rules of Criminal Procedure] ... is determined using the plain error standard." State v. Irwin, 924 P.2d 5, 10 n. 5 (Utah Ct.App.1996).

To demonstrate plain error, defendant must establish the following: "(i) An error exists; (i) the error should have been obvious to the trial court; and (fii) the error is harmful...." In order to show that the error is harmful, defendant must demonstrate that "absent the error, there is a reasonable likelihood of a more favorable outcome for the appellant."

State v. Medina-Juarez, 2001 UT 79, ¶ 18, 34 P.3d 187 (citation omitted).

16 Defendant also challenges his conviction on the basis of ineffective assistance of counsel.

In reviewing an ineffective assistance of counsel claim we apply the two-part test of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To satisfy that test, the defendant must show: "(1) that counsel's performance was deficient below an objective standard of reasonable professional judgment, and (2) counsel's performance prejudiced the defendant." If a defendant fails to establish either of the two parts of the Strickland test, counsel's assistance was constitutionally sufficient, and we need not address the other part of the test.

Medina-Juares, 2001 UT 79 at ¶ 14, 34 P.3d 187 (citation omitted).

ANALYSIS

I. Jury Instructions

17 Defendant argues the trial court improperly instructed the jury in three ways. [643]*643First, he contends the trial court committed reversible error when it failed to instruct the jury on an element of tampering with a witness. We agree.

T8 "A person is guilty of a third degree felony if, believing that an official proceeding or investigation is pending or about to be instituted, he attempts to induce or otherwise cause a person to: (a) testify or inform falsely; [or] (b) withhold any testimony, information, document, or item;...." Utah Code Ann. § 76-8-508(1) (Supp.2001). Because section 76-8-508 specifies no mens rea for the attempt or inducement element, the required mental state is governed by Utah Code Ann. § 76-2-102 (1999). That section states, "Every offense not involving strict liability shall require a culpable mental state, and when the definition of the offense does not specify a culpable mental state and the offense does not involve strict liability, intent, knowledge, or recklessness shall suffice to establish eriminal responsibility." Utah Code Ann. § 76-2-102 (1999).

19 Here, "[the trial court gave an elements instruction to the jury that closely tracked the language of [section 76-8-508] but omitted the language referring to the required mental state. The instruction given thus does not specify the culpable mental state required for" attempting or inducing a person as described in the statute. State v. Chaney, 1999 UT App 309, ¶ 53, 989 P.2d 1091 (footnote omitted). "To avoid manifest injustice, an elements instruction that fails to include the mens rea constitutes reversible error." Id. at 1 54. Thus, as a matter of law the trial court's failure to include the mental state required for tampering with a witness is manifest injustice.

$10 The State argues that because "Defendant actually proposed an elements instruction containing the very omission he complains of on appeal," he invited the trial court's error.2 The State cites Cha-mey for the proposition that Defendant is thus precluded from benefitting by the manifest injustice exception; however, Chaney is distinguishable from the present case. Although Chaney involved a similar fact pattern, we determined that the defendant in that case invited the error complained of because he objected to and rejected the trial court's correct jury instruction and pressed "his theory that the accomplice statute requires intent." Id. at 155. Chaney's conduct led the trial court to commit error. See id. at Here, the State has not shown that Defendant's conduct actually led the trial court into its erroneous action. Thus, the invited error doctrine does not apply in this case. See id. at 1 54 ("[A] party cannot take advantage of an error committed at trial when that party led the trial court into committing the error." (quoting State v. Anderson, 929 P.2d 1107, 1109 (Utah 1996) (Emphasis added))). Accordingly, we reverse Defendant's conviction for tampering with a witness and remand for a new trial on the tampering with a witness charge.3

1[ 11 Next, Defendant argues the trial court improperly instructed the jury regarding the elements of making a written false statement.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Plexico
2016 UT App 118 (Court of Appeals of Utah, 2016)
State v. Geukgeuzian
2004 UT 16 (Utah Supreme Court, 2004)
State v. Geukgeuzian
2002 UT App 130 (Court of Appeals of Utah, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
2002 UT App 130, 54 P.3d 640, 446 Utah Adv. Rep. 9, 2002 Utah App. LEXIS 37, 2002 WL 725651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-geukgeuzian-utahctapp-2002.