State v. Holgate

2000 UT 74, 10 P.3d 346, 404 Utah Adv. Rep. 3, 2000 Utah LEXIS 89, 2000 WL 1340566
CourtUtah Supreme Court
DecidedSeptember 19, 2000
Docket990313
StatusPublished
Cited by399 cases

This text of 2000 UT 74 (State v. Holgate) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Holgate, 2000 UT 74, 10 P.3d 346, 404 Utah Adv. Rep. 3, 2000 Utah LEXIS 89, 2000 WL 1340566 (Utah 2000).

Opinion

RUSSON, Associate Chief Justice:

T1 Defendant Sean Holgate was tried before a jury and convicted of murder and aggravated burglary. Holgate argues on appeal that there was insufficient evidence to sustain a conviction on either count. Holgate failed to raise the sufficiency of the evidence issue below, but argues that he should be entitled to raise such a claim initially on appeal.

BACKGROUND

2 "On appeal, we review the record facts in a light most favorable to the jury's verdict and recite the facts accordingly." State v. Brown, 948 P.2d 337, 339 (Utah 1997). We present conflicting evidence only as necessary to understand issues raised on appeal. See State v. Dunn, 850 P.2d 1201, 1206 (Utah 1993).

T3 On the evening of June 17, 1997, Jake Gallegos, the victim, along with two friends, went to Holgate's apartment in West Valley City to purchase drugs. Holgate's friend Micah Phillips joined the group at Holgate's apartment. At some point, Gallegos and his two friends left the apartment and returned to deliver forty dollars to Holgate. Gallegos gave the money to Holgate but then angrily left, exclaiming that Holgate had cheated him. Holgate later testified that Gallegos was "pretty furious" when he left.

T4 Later that evening, Gallegos telephoned Holgate several times and threatened Holgate and his mother. Gallegos also returned to Holgate's apartment to make additional threats. Among other threats, Gallegos threatened to take Holgate and his family hostage. Holgate's mother, who resided with Holgate, called the police to report the harassment. Officer Rafael Fausto reported to the seene and discussed the matter with Holgate and his mother. Attempting to resolve the dispute, Officer Fausto *349 contacted Gallegos and escorted him to Hol-gate's apartment. After discussing the matter, Gallegos apologized and shook hands with Holgate. Officer Fausto instructed Gallegos to make no further contact with Holgate and his family, and instructed Hol-gate to contact the police if any further problems arose.

1 5 On June 19, 1997, Holgate called Gallegos to tell him that he would be coming over to his apartment. Phillips joined Holgate, and they proceeded together to Gallegos's apartment, which was located in the same apartment complex. Holgate later testified that Phillips did not "really know" Gallegos and had not been threatened by him. However, Holgate had informed Phillips that Gallegos was dangerous. Phillips hid himself just outside the apartment door so that he was out of the line of sight of whoever answered the door. Holgate knocked on the door. Gallegos's friend, Tuty Tho, opened the door and was greeted by Holgate, who asked to see Gallegos. Tho called for Gallegos, who was in the kitchen, and Gallegos told Tho to invite Holgate in. Holgate called out to Gallegos, responding, "No. Why don't you come out here? I need to talk to you real fast." Gallegos then proceeded from the kitchen toward the apartment entrance and as he did so, again invited Holgate in. Hol-gate once again refused and then stepped backwards, grinning, while Phillips stepped inside the entrance of the apartment. Standing inside the entrance with both hands hidden behind his back, Phillips asked, "Hey, what's up, bro?" to which Gallegos replied, "What's up?" After this brief exchange, Phillips asked Gallegos in a threatening voice, "What are you going to do now?" and pulled from behind his back a semi-automatic handgun. Throughout this exchange, Hol-gate stood directly behind Phillips and was grinning. 1

T6 As Gallegos turned to flee into the kitchen, Phillips fired the gun, fatally wounding Gallegos. Phillips then waved the gun back and forth in a sweeping motion, and after his gun apparently jammed, fled from Gallegos's apartment with Holgate. Holgate and Phillips ran together in a direct path across the apartment complex and parking lot to Phillips's vehicle, which was parked nearby. A friend of Phillips and Holgate, Tony Miller, waited in the driver's seat of the vehicle. When Holgate and Phillips arrived, Holgate said, "Get in, G4." 2 Phillips and Hol-gate then climbed into the car and were driven away from the apartment complex by Miller. They departed so quickly that the vehicle's tires squealed as they sped away.

17 The police apprehended them shortly thereafter. When asked by the police why he thought they had been stopped, Holgate replied, "Because somebody talking shit got dealt with." A search of the car revealed the murder weapon wrapped in a stocking cap under the front passenger seat. Tests performed thereafter revealed the presence of gunpowder residue on Holgate's clothing. While being transported to the police station, Holgate asked an officer, "Does this have anything to do with what happened in West Valley?" Holgate testified at trial that he did not find out that Gallegos had been shot until two to three hours after the shooting when he was interrogated at the police station.

18 For his alleged participation in the killing of Gallegos, Holgate was charged with murder, a first degree felony, in violation of Utah Code Ann. § 76-5-203, and aggravated burglary, a first degree felony, in violation of Utah Code Ann. § 76-6-203. 3 At his jury trial, Holgate alleged that he went to Gallegos's apartment on June 19 because Phillips *350 claimed he wanted to return the forty dollars that Gallegos said they had stolen. Holgate conceded that they did not return the forty dollars to Gallegos, and a search of the car and the three suspects revealed only sixty-two cents in their possession.

T 9 The jury found Holgate guilty on both counts, and the trial court sentenced Holgate to concurrent prison terms of five years to life for the two convictions and consecutive one-year terms on each count for a weapons-related enhancement.

10 On appeal, Holgate argues that there was insufficient evidence to convict him of either murder or aggravated burglary. Hol-gate concedes that he failed to raise the sufficiency issue before the trial court, but contends that he should be entitled to raise it for the first time on appeal because (1) a conviction based on insufficient evidence constitutes "plain error" or "exceptional cireum-stances," (2) such a conviction would violate Holgate's "fundamental constitutional rights," and (8) a rule permitting defendants to raise an insufficient evidence claim for the first time on appeal would not implicate the policies on which the preservation doctrine is premised.

ANALYSIS

I. PRESERVATION OF AN INSUEF-FICIENT EVIDENCE CLAIM

111 As a general rule, claims not raised before the trial court may not be raised on appeal. See State v. Marvin, 964 P.2d 313, 318 (Utah 1998). The preservation rule serves two important policies.

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Cite This Page — Counsel Stack

Bluebook (online)
2000 UT 74, 10 P.3d 346, 404 Utah Adv. Rep. 3, 2000 Utah LEXIS 89, 2000 WL 1340566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holgate-utah-2000.