State v. Maxey

873 P.2d 150, 125 Idaho 505, 1994 Ida. LEXIS 61
CourtIdaho Supreme Court
DecidedApril 21, 1994
Docket20812
StatusPublished
Cited by20 cases

This text of 873 P.2d 150 (State v. Maxey) is published on Counsel Stack Legal Research, covering Idaho 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. Maxey, 873 P.2d 150, 125 Idaho 505, 1994 Ida. LEXIS 61 (Idaho 1994).

Opinions

JOHNSON, Justice.

This is a driving under the influence (DUI) case. The primary issues presented concern whether the state should have been allowed to use two prior misdemeanor DUI convictions as the basis for the felony DUI charge in this case. We conclude that the state was not precluded from relying on the two prior convictions.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

In June 1990, a Lewiston police officer arrested Gary D. Maxey for DUI (the 1990 ease). The state charged Maxey with felony DUI on the basis of two prior DUI convictions.

In 1987, Maxey pleaded guilty to a misdemeanor DUI (the 1987 case). In 1988, Maxey pleaded guilty to a misdemeanor DUI (the 1988 case). In 1989, Maxey was again arrested for DUI (the 1989 case). In the 1989 case, the state originally charged Maxey with felony DUI based on convictions in the 1987 and the 1988 cases. As the result of a plea agreement, Maxey resolved the 1989 case by pleading guilty to another misdemeanor DUI.

In the 1990 case, the state originally charged Maxey with felony DUI based upon his prior convictions in the 1987 case and the 1988 case. Maxey challenged the use of these convictions for enhancement purposes, and the trial court granted Maxey’s motion to dismiss the 1988 conviction as an enhance[507]*507ment. The state then dismissed the felony charge against Maxey, but later refiled, charging Maxey with felony DUI based on the convictions in the 1987 and the 1989 cases.

Maxey filed motions in limine and to dismiss challenging the use of the convictions in the 1987 and the 1989 cases as a basis for charging him with a felony in the 1990 case. Maxey asserted that in the 1987 case the guilty plea was taken in violation of Maxey’s right to counsel and in violation of the state and federal constitutions and I.C.R. 11. Therefore, Maxey argued, the state may not use the 1987 conviction for enhancement purposes in the 1990 case. Maxey asserted that, in the 1989 case, the guilty plea was also taken in violation of the state and federal constitutions and I.C.R. 11, and, therefore, may not be used for enhancement purposes in the 1990 ease. The trial court denied Maxey’s motions.

Maxey entered a Rule 11 conditional plea of guilty, reserving the right to appeal the use of the convictions in the 1987 and 1989 cases as enhancements. The trial court withheld judgment and ordered that Maxey be placed on probation for five years. The trial court also ordered that Maxey serve nine months in jail, that he pay $1,500.00 restitution to the county, and that his driving privileges be suspended for one year. Maxey appealed to this Court the trial court’s denial of his motions in limine and to dismiss and the trial court’s order withholding judgment and order of probation. This Court assigned the case to the Court of Appeals, which reversed the trial court’s denial of Maxey’s motions in limine and to dismiss. This Court granted the state’s petition for review.

II.

MAXEY WAIVED HIS RIGHT TO COUNSEL IN THE 1987 CASE.

Maxey asserts that the state may not use the 1987 conviction to charge him with a felony in the 1990 case because he did not knowingly and intelligently waive his right to counsel in the 1987 case. We disagree.

A. MAXEY HAD THE RIGHT TO APPOINTED COUNSEL, IF HE WAS INDIGENT.

We first note that pursuant to M.C.R. 6(c) Maxey had a right to appointed counsel in the 1987 case, if he was indigent:

If the offense has a permissible penalty of imprisonment which will be considered as possible punishment by the court, or if the conviction of the offense could cause a subsequent conviction to be enhanced from a misdemeanor to a felony, then or in either of such events the defendant shall be advised that he has the right to court appointed counsel at public expense if [the defendant] is indigent. If the defendant is found by the court to be entitled to court appointed counsel, the court shall appoint such counsel unless the defendant voluntarily waives [the defendant’s] right to counsel.

M.C.R. 6(c).

When Maxey pleaded guilty in the 1987 case, I.C. § 18-8005(3) provided that a person who pleaded guilty to or was found guilty of three or more DUI violations within five years was guilty of a felony. Because of this enhancement Maxey had a right to appointed counsel pursuant to M.C.R. 6(c), if he was indigent. Therefore, we do not address the more intricate questions concerning Maxey’s right to counsel in the 1987 case under the United States Constitution and the Idaho Constitution. Cf. Baldasar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169 (1980); and U.S. v. Lee, 995 F.2d 887 (9th Cir.1993).

B. MAXEY WAIVED HIS RIGHT TO APPOINTED COUNSEL.

Maxey contends that he never validly waived his right to counsel under I.C. § 19-857, which provides:

A person who has been appropriately informed of [the person’s] right to counsel may waive in writing, or by other record, any right provided by this act, if the court concerned, at the time of or after waiver, finds of record that [the person] has acted with full awareness of [the person’s] rights and of the consequences of a waiver and if [508]*508the waiver is otherwise according to law. The court shall consider such factors as the person’s age, education, and familiarity with the English language and the complexity of the crime involved.

In distinction, I.C.R. 11(e) provides:

Before a plea of guilty is accepted, the record of the entire proceedings, including reasonable inferences drawn therefrom, must show:
(1) The voluntariness of the plea.
(2) The defendant was informed of the consequences of the plea, including minimum and maximum punishments, and other direct consequences which may apply.
(3) The defendant was advised that by pleading guilty the defendant would waive the right against compulsory self-incrimination, the right to trial by jury, and the right to confront witnesses against the defendant.
(4) The defendant was informed of the nature of the charge against the defendant.
(5) Whether any promises have been made to the defendant, or whether the plea is a result of any plea bargaining agreement, and if so, the nature of the agreement and that the defendant was informed that the court is not bound by any promises or recommendation from either party as to punishment.

If I.C. § 19-857 is substantive, it takes precedence over I.C.R. 11(e). If the statute is procedural, I.C.R. 11(c) takes precedence over it. State v. Harbaugh, 123 Idaho 835, 837 n. 3, 853 P.2d 580, 582 n. 3 (1993).

In State v. Currington, 108 Idaho 539, 540-41, 700 P.2d 942, 943-44 (1985), the Court ruled that the authority of a trial court to allow post-conviction bail to a convicted •criminal made ineligible for bail by a statutory enactment is a matter of procedure rather than substantive law. See also State v.

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State v. Maxey
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Cite This Page — Counsel Stack

Bluebook (online)
873 P.2d 150, 125 Idaho 505, 1994 Ida. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maxey-idaho-1994.