State v. Ramirez

2011 NMSC 025, 254 P.3d 649, 149 N.M. 698
CourtNew Mexico Supreme Court
DecidedJune 13, 2011
Docket31,905
StatusPublished
Cited by11 cases

This text of 2011 NMSC 025 (State v. Ramirez) is published on Counsel Stack Legal Research, covering New Mexico 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. Ramirez, 2011 NMSC 025, 254 P.3d 649, 149 N.M. 698 (N.M. 2011).

Opinion

OPINION

CHÁVEZ, Justice.

{1} The crux of this appeal is whether Defendant Albert Jose Ramirez (Defendant) knowingly, intelligently, and voluntarily entered into his plea agreement with the State. At Defendant’s plea hearing, Defendant expressed confusion about sentencing, the premeditation element of his first degree murder charge, and culpability for his assault and battery charges. Apparently recognizing Defendant’s hesitation and confusion, the prosecutor asked the district court to inquire further on the record whether Defendant understood the plea and that he was “willfully” entering into the plea agreement. Although the district court acknowledged the need to do so, the court failed to adequately confirm on the record Defendant’s understanding of the plea and its consequences as required by New Mexico law. Accordingly, we reverse and remand to allow Defendant to withdraw his plea.

{2} Defendant reached an agreement with the State whereby he pled guilty to murder in the first degree (premeditated), contrary to NMSA 1978, Section 30-2-1(A)(1) (1994); battery upon a peace officer, contrary to NMSA 1978, Section 30-22-24 (1971); and assault upon a police officer, contrary to NMSA 1978, Section 30-22-21 (1971). Defendant was sentenced to a term of life imprisonment for the murder charge with concurrent sentences of 18 months for the battery charge and 364 days for the assault charge. Because Defendant received a life sentence, we review Defendant’s appeal directly from the district court, pursuant to Article VI, Section 2 of the New Mexico Constitution and Rule 12-102(A)(1) NMRA. See State v. Smallwood, 2007-NMSC-005, ¶ 6, 141 N.M. 178, 152 P.3d 821 (“[0]ur appellate jurisdiction extends to appeals from district court judgments imposing a sentence of life imprisonment or death.”).

{3} Defendant raises four issues for our review: (1) whether Defendant was competent to stand trial; (2) whether Defendant’s motion for additional competency evaluation was improperly denied; (3) whether the district court erred in denying Defendant’s motion to withdraw his plea; and (4) whether trial counsel’s performance constituted ineffective assistance of counsel. We reverse on the basis that the district court erred in denying Defendant’s motion to withdraw his plea. In particular, we conclude that Defendant’s plea was not “knowing, intelligent, and voluntary.” See Marquez v. Hatch, 2009-NMSC-040, ¶ 12, 146 N.M. 556, 212 P.3d 1110 (internal quotation marks and citation omitted). Because this finding is dispositive, we do not address Defendant’s other claims.

{4} Defendant’s convictions arose from the July 12, 2007 killing of his mother’s boyfriend, Eladio Robledo (Victim), in Curry County. Defendant was indicted by the Ninth Judicial District grand jury on July 20, 2007. After being initially determined incompetent to stand trial, the district court adjudged that Defendant was restored to competency following approximately three months of treatment and evaluation at the New Mexico Behavioral Health Institute (Behavioral Health Institute) in Las Vegas.

{5} Defendant’s trial began with jury selection on January 26, 2009. Following a break in that process, the parties informed the district court that a plea agreement had been reached in which Defendant pled guilty to three charges, including first degree premeditated murder. The court then conducted a twenty-minute plea hearing in which the judge concluded that Defendant had “knowingly, intelligently, and voluntarily” accepted the plea, despite statements made by Defendant to the contrary. Among Defendant’s contentions was that the act of killing Victim was not premeditated, undermining the validity of his plea to the first degree murder count. The district court deflected Defendant’s claims, declined to conduct additional inquiries of Defendant, and left the plea agreement intact.

{6} A month later, Defendant filed a motion to withdraw his guilty plea, arguing that his plea was neither knowing nor intelligent due to the mental health problems that gave rise to his commitment to the Behavioral Health Institute. At the hearing regarding Defendant’s plea withdrawal motion, Defendant reiterated this argument and augmented it with others, including claims that he did not understand the elements of the crimes covered by the plea or the sentencing to be imposed under the agreement. The district court rejected the claims, concluding that Defendant had been adequately informed of the plea details by defense counsel.

BECAUSE THE DISTRICT COURT FAILED TO ASCERTAIN ON THE RECORD THAT DEFENDANT’S PLEA WAS KNOWING, INTELLIGENT, AND VOLUNTARY, THE DISTRICT COURT’S ACTION CONSTITUTES AN ABUSE OF DISCRETION THAT WARRANTS REVERSAL

{7} In this appeal, Defendant once again claims that the district court failed to ascertain whether Defendant “knowingly and voluntarily” entered his guilty plea. Defendant contends that his mental health problems undermined his capacity to enter the guilty plea and he “expressed considerable confusion and frustration” during the plea hearing. He also argues that the district court’s failure to clarify Defendant’s understanding of the plea and the court’s subsequent denial of Defendant’s motion to withdraw the plea constitute error.

{8} A guilty plea in a state criminal court involves the waiver of “three important federal [constitutional] rights.” Boykin v. Alabama, 395 U.S. 238, 243, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). In addition to waiving the Fifth Amendment right against self-incrimination, a plea also implicates certain due process entitlements of the Sixth Amendment, including the right to a jury trial and the right to confront one’s accusers. Id. at 242-43, 89 S.Ct. 1709; State v. Montler, 85 N.M. 60, 61, 509 P.2d 252, 253 (1973). In addition, “we review the trial court’s denial of a defendant’s motion to withdraw his guilty plea for an abuse of discretion.” State v. Barnett, 1998-NMCA-105, ¶ 12, 125 N.M. 739, 965 P.2d 323. The “trial court abuses its discretion when it acts unfairly or arbitrarily, or commits manifest error.” Id. “A denial of a motion to withdraw a guilty plea constitutes manifest error when the undisputed facts establish that the plea was not knowingly and voluntarily given.” State v. Garcia, 1996-NMSC-013, 121 N.M. 544, 546, 915 P.2d 300, 302.

{9} A plea is not knowing, intelligent, and voluntary unless the defendant “understand^] his guilty plea and its consequences.” Id. at 547, 915 P.2d at 303; see also Boykin, 395 U.S. at 243-44, 89 S.Ct. 1709 (explaining that state trial courts should “make sure [a defendant] has a full understanding of what the plea connotes and of its consequence[s]”). Rule 5-303(F) NMRA codifies the matters our district courts must address to ascertain that a defendant grasps the contents and consequences of a plea. In relevant part, Rule 5-303(F) provides:

The court shall not accept a plea of guilty or no contest without first, by addressing the defendant personally in open court, informing the defendant of and dete'rmining that the defendant understands the following:
(1) the nature of the charge to which the plea is offered;

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Cite This Page — Counsel Stack

Bluebook (online)
2011 NMSC 025, 254 P.3d 649, 149 N.M. 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ramirez-nm-2011.