State v. Ramirez

2012 UT 59, 289 P.3d 444, 717 Utah Adv. Rep. 52, 2012 Utah LEXIS 123, 2012 WL 4077371
CourtUtah Supreme Court
DecidedSeptember 18, 2012
DocketNos. 20110174, 20110135
StatusPublished
Cited by32 cases

This text of 2012 UT 59 (State v. Ramirez) 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. Ramirez, 2012 UT 59, 289 P.3d 444, 717 Utah Adv. Rep. 52, 2012 Utah LEXIS 123, 2012 WL 4077371 (Utah 2012).

Opinion

Justice LEE,

opinion of the Court:

€1 Patrick Robert Ramirez was charged with possession of methamphetamine and drug paraphernalia, but the district court declined to bind him over for trial at a preliminary hearing. The State appealed, and a divided court of appeals affirmed. We now reverse, correcting what we see as errors in the lower courts' articulation and application of the probable cause standard that applies in a preliminary hearing.

I

1 2 While in jail on drug charges in Washington County, Ramirez directed a woman on the other end of a phone call to go to his motel room and "retrieve a glass pipe before the manager could find it." Ramirez asked the woman to take the pipe to the police, suggesting that it was "clean" and "would clear his name" of his pending drug charges. Upon overhearing this call, the jailor arranged for Ramirez to talk on the phone with a member of the Washington County Drug Task Force. Ramirez invited the task force to search for the pipe in his motel room, reiterating that the pipe would somehow "clear his name."

T3 Ramirez stayed on the phone with the officers while they entered the motel room with the manager and searched for the pipe. Officers found the pipe on the bed under the covers, exactly where Ramirez said they would find it. It was of "the type commonly used to ingest controlled substances" and did not appear to have been used. When officers asked Ramirez why he had the unused pipe, he replied, "I'm going to be honest with you, ... I have a problem." He also added that he had a clean, unused syringe on him when arrested, because he liked to "ram" or "slam" (inject) his drugs.

T4 When officers asked if they could search the rest of Ramirez's room, he said, "Yeah, go ahead. There won't be anything there." But inside a trash bag hanging in the kitchen officers found a corner of a baggie and a short "tube" straw. Both the baggie and straw had methamphetamine residue on them. There was no indication that anyone other than Ramirez had occupied the motel room. The officers, moreover, found paperwork and a prescription bottle with Ramirez's name on it. And they found nothing identified as belonging to anyone else. The officer acknowledged, however, that the manager, who let them in, could have had prior access to the room and "imagined" that the housekeeping staff also could have had prior access to the room.

1 5 At the subsequent preliminary hearing on drug charges against Ramirez for use or possession of a controlled substance and for possession of drug paraphernalia, the magistrate refused to bind Ramirez over for trial. In so doing, the court found probable cause to believe that Ramirez had dominion or [446]*446control over the motel room at some point before the search, but opined that there was no evidence that Ramirez had knowledge that the drug residue and paraphernalia were present in the motel room either when he was personally present in the room or when officers searched the room. He also concluded that "every reasonable inference from the evidence" was that Ramirez "did not know of the presence of the drug residue and paraphernalia." "Without knowledge of the presence of the contraband," the judge concluded that he "could not infer that Defendant intended to exercise control over the contraband" and that "without evidence of an intent to exercise control, there can be no inference of possession of drug residue or paraphernalia." In the judge's view, "it's a stronger inference [Ramirez] didn't know the drugs were there, or he wouldn't have sent the police officers to that place to look around." He also indicated, "I am well-acquainted with this Defendant, having recently sentenced him to multiple terms of incarceration at the Utah State Prison. He purports to be familiar with police investigations and with his rights in those investigations."

T 6 The court of appeals affirmed on a 2-1 vote. Judge Orme (joined by Judge McHugh) concluded that "the critical piece missing from the State's presentation was evidence showing the nature and character of the motel, or of Defendant's room in particular, and the exclusivity of his control and access." State v. Ramirez, 2010 UT App 373U, para. 4, 2010 WL 5452079. Without testimony from the manager, the majority thought that the State's contentions about exclusivity were mere "speculations-albeit plausible ones-rather than inferences logically drawn from the evidence actually before the magistrate." Id. Judge Thorne dissented, asserting that the preliminary hearing gave rise to two alternative, but conflicting, reasonable inferences. Id. para. 7 (Thorne, J., dissenting). From the fact that Ramirez directed the search of his room, one inference could be that he did not know the methamphetamine residue was there. But other facts gave rise to an alternative inference-that he knew the meth was there but thought it would not be discovered because he had properly discarded it before leaving his room. And in Judge Thorne's view, conflicting inferences had to be resolved in favor of the prosecution, since the bindover standard is low and reserves the principal fact-finding for trial. Id. para. 8.

17 The case is before us now on the State's dual petition for certiorari. Our certiorari review of the court of appeals' decision is de novo, affording no deference to that court's evaluation of the question whether there was probable cause to bind Ramirez over for trial. See Brown v. Div. of Water Rights of Dep't of Natural Res., 2010 UT 14, ¶ 9, 228 P.3d 747. Yet "[the correctness of the court of appeals' decision turns, in part, on whether it accurately reviewed the trial court's decision under the appropriate stan dard of review." State v. Levin, 2006 UT 50, ¶ 15, 144 P.3d 1096. "[In the bindover context a magistrate's authority to make credibility determinations is limited." State v. Virgin, 2006 UT 29, ¶ 34, 137 P.3d 787. Thus, "an appellate court should grant commensurate limited deference to a magistrate's application of the bindover standard to the facts of each case." Id.; State v. I.R.C (State ex rel. I.R.C.), 2010 UT 41, ¶ 12, 232 P.3d 1040 (stating that a court's bindover decision "presents a mixed question of law and fact"). Applying the wrong legal standard, however, will always exceed whatever limited discretion the magistrate has in the bindover decision. See Featherstone v. Schaerrer, 2001 UT 86, ¶ 41, 34 P.3d 194 (holding that a trial court abused its discretion by applying the wrong legal standard).1

II

T8 The preliminary hearing is a fundamental procedural right guaranteed by article I, section 18 of the Utah Constitution. For offenses covered by this provision, a defendant may be bound over for trial only if the prosecution produces evidence sufficient [447]*447to demonstrate "probable cause" that the charged crimes were committed. State v. Hernandez, 2011 UT 70, ¶ 18, 268 P.3d 822 ("[The plain language of article I, section 13 refers to offenses that were previously indictable under Utah territorial law."). This guarantee is aimed at "ferreting out groundless and improvident prosecutions," "re-liev[ing] the accused from the substantial degradation and expense incident to a modern criminal trial when the charges against him are unwarranted or the evidence insufficient." State v. Virgin, 2006 UT 29, ¶ 20, 137 P.3d 787 (internal quotation marks omitted).

Although the guarantee of a preliminary hearing is fundamental, the eviden-tiary threshold at such hearing is relatively low.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 UT 59, 289 P.3d 444, 717 Utah Adv. Rep. 52, 2012 Utah LEXIS 123, 2012 WL 4077371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ramirez-utah-2012.