State v. Pena

548 A.2d 445, 16 Conn. App. 518, 1988 Conn. App. LEXIS 397
Connecticut Appellate Court·Decided October 4, 1988·No. 6045·Published·Cited by 10 cases

Opinions

Stoughton, J.

The defendant appeals from a judgment of conviction of the crime of possession of a narcotic substance with intent to sell in violation of General Statutes § 21a-277 (a). The defendant claims that the trial court erred in accepting his Alford plea1 and in [520] denying his subsequent motion to withdraw the plea. The defendant further alleges that the trial court erred in denying defense counsel’s motion to withdraw his appearance and in refusing to appoint another special public defender to represent the defendant.

The following facts are pertinent to these issues. The defendant was arrested in Danbury on July 24, 1986, and charged with possession with intent to sell one ounce or more of cocaine, a violation of General Statutes § 21a-278 (a). The defendant was also charged with possession of a narcotic substance in violation of General Statutes § 21a-279 (a). The defendant initially entered a plea of not guilty to these charges. On November 12, 1986, however, when the case was ready for trial, the defendant withdrew his pleas of not guilty and on a substitute information entered a plea of guilty, pursuant to the doctrine of North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970), to the crime of possession of a narcotic substance with intent to sell in violation of General Statutes § 21-277 (a).

The state offered the following factual basis for the plea. During the month of June, 1986, the Danbury police received information that a man named “Juan” was selling large quantities of cocaine at the Super 8 Motel in that city. It was reported that Juan drove a white Dodge Omni bearing New York registration plates. Danbury police officers pursued the tip and observed the automobile at the motel as reported and further determined that the registration was in the name of one Virginia Rufino of New York City. On July 23, 1986, the police received a second tip that Juan’s full name was Juan Rufino, described as a short Hispanic male with a dark beard, and that he would be taking a trip to New York City later that day to obtain more narcotics. Subsequently, the police observed Juan Rufino and a young woman, later iden[521] tified as Elize Perez, enter a Datsun with Massachusetts registration plates. They also saw the defendant and a third man, Americo Ramirez, enter a white Dodge Omni. After making two local stops, the vehicles proceeded onto Interstate 684 heading toward New York City. The next day, at approximately 12:40 a.m., Danbury police officers observed the same two vehicles returning to Danbury on Interstate 684. The police stopped the cars and observed that the defendant was a passenger in the white Dodge Omni. The police also discovered in plain view a red duffle bag which contained more than seven ounces of cocaine having a purity of more than 75 percent. The defendant and the other occupants of the vehicles were arrested and charged with possession of one ounce or more of narcotics with intent to sell in violation of General Statutes § 21a-278 (a).

Perez gave a statement to the police which indicated that on the night in question she had accompanied Rufino, Ramirez and the defendant to the Bronx, New York, where they obtained the cocaine and then returned to Danbury. Perez’s role was that of an interpreter in the event the vehicles were stopped by the police. She was to receive a quantity of heroin in return for her services. Perez later testified at a probable cause hearing that she had overheard a conversation between Rufino and the defendant describing the New York City trip as a “drug deal.” Perez further gave the police information that she had also overheard Rufino “berate” the defendant for not collecting enough money for the cocaine that the defendant was selling for Rufino.

After hearing the factual basis supporting the defendant’s plea and canvassing the plea in accordance with Practice Book §§711 through 713, the court accepted the defendant’s Alford plea, and the case was continued for sentencing. At the sentencing hearing on Decern[522] ber 15, 1986, the defendant made an oral motion to withdraw his guilty plea, alleging that he had been denied the effective assistance of counsel and that there was a lack of a factual basis for the plea pursuant to Practice Book § 721 (4) and (5), respectively.2

The defendant’s counsel, acting as a special public defender, simultaneously moved the court to permit his withdrawal from the case, claiming that he was unable to be an effective advocate on the ineffective assistance of counsel claim, and moved for the appointment of another special public defender for the defendant. The court, McDonald, J., denied the defense counsel’s motion to withdraw from the case but, without ruling on the motion to withdraw the guilty plea, continued the case to allow the defendant to obtain new counsel and file “any motions” that they felt were necessary.

On February 17, 1987, after three continuances during which the indigent defendant was unable to obtain new counsel, the court, Lavery, J., denied the defendant’s renewed motion to withdraw his plea and the defense counsel’s renewed motion to withdraw as special public defender and to appoint another special public defender in his place. The court then sentenced the defendant to an eleven year term of incarceration in accordance with the original plea agreement.

I

The defendant first claims that the trial court erred in accepting his Alford plea and in denying his motion to withdraw that plea at sentencing because there was an insufficient factual basis to support the plea. We disagree.

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State v. Pena, 548 A.2d 445, 16 Conn. App. 518, 1988 Conn. App. LEXIS 397 (Colo. Ct. App. 1988).

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