State v. Rivera

943 P.2d 1344, 323 Utah Adv. Rep. 22, 1997 Utah LEXIS 70, 1997 WL 453542
CourtUtah Supreme Court
DecidedAugust 12, 1997
Docket960104
StatusPublished
Cited by8 cases

This text of 943 P.2d 1344 (State v. Rivera) 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. Rivera, 943 P.2d 1344, 323 Utah Adv. Rep. 22, 1997 Utah LEXIS 70, 1997 WL 453542 (Utah 1997).

Opinion

DURHAM, Justice:

Defendant Danny Rivera was charged on three criminal counts: aggravated robbery (count I), possession of a dangerous weapon by a restricted person (count II), and failure to respond to an officer’s signal to stop (count III). After he was bound over from the magistrate to the district court, he moved to quash the bindover as to counts I and II. The district court denied this motion. Rivera consequently entered into a plea agreement with prosecutors whereby he entered a conditional plea of no contest to count II in exchange for the dismissal of counts I and III. Rivera’s plea explicitly preserved his right to appeal the issue of whether bindover as to counts I and II had been proper. The plea bargain agreement states:

Both parties agree Mr. Rivera has the right to appeal the court’s ruling on the Motion to Quash the bindover as well as the right to withdraw his no contest plea should he prevail on appeal.... Plea is conditional under State v. Sery[, 758 P.2d 935, 939 (Utah Ct.App.1988) ].

In State v. Sery, the Utah Court of Appeals held that conditional pleas are permissible in Utah even in the absence of any statute or rule authorizing them. Id. This *1345 court subsequently approved the Sery holding on this issue by adopting a rule permitting conditional pleas:

With approval of the court and the consent of the prosecution, a defendant may enter a conditional plea of guilty, guilty and mentally ill, or no contest, reserving in the record the right, on appeal from the judgment, to a review of the adverse determination of any specified pre-trial motion. A defendant who prevails on appeal shall be allowed to withdraw the plea.

Utah R.Crim. P. ll(i).

Rivera’s no-eontest plea was expressly conditioned on the court of appeals’ reviewing and affirming the bindover issue on appeal, and both the prosecutor and the court agreed to permit Rivera to withdraw his plea should the court of appeals rule that count I or count II was erroneously bound over for consideration by the district court. On the basis of the conditional plea agreement, the district court entered a judgment of conviction against Rivera for possession of a dangerous weapon by a restricted person.

Rivera subsequently appealed the court’s denial of his motion to quash, but the court of appeals initially vacated Rivera’s plea on the theory that a defendant may not enter a conditional plea on a nondispositive issue. State v. Rivera, 871 P.2d 1023, 1026 (Utah Ct.App.1994) (Rivera I). The court of appeals’ decision in Rivera I was vacated in fight of our decision in State v. Montoya, 887 P.2d 857 (Utah 1994), wherein we concluded that an issue may be preserved by a conditional plea whether the issue is dispositive or not. Id. at 859-60. On remand, the court of appeals reviewed the district court’s decision to permit bindover of counts I and II against Rivera.

As to count II, possession of a dangerous weapon by a restricted person, the court of appeals found that there was probable cause to support the prosecution, and the bindover was therefore upheld. State v. Rivera, 906 P.2d 318, 320 (Ct.App.1995) (Rivera II), cert. granted, 917 P.2d 556 (Utah 1996). As to count I (aggravated robbery), however, the court of appeals refused to review the trial court’s denial of Rivera’s motion to quash. The court found that Utah Rule of Criminal Procedure ll(i) “does not allow review of the denial of pretrial motions relating to charges which were dismissed and to which the defendant did not enter a plea.” Id. Because count I against Rivera had been dismissed under the terms of the conditional plea bargain, the court of appeals found that bindover was unreviewable as to that count. The court consequently affirmed Rivera’s conviction on count II, possession of a dangerous weapon by a restricted person. Rivera petitioned this court for certiorari, which we granted. 917 P.2d 556 (Utah 1996).

Rivera argues that the court of appeals must either review the bindover permitted by the trial court as to count I or, in the alternative, permit him to withdraw his no-eontest plea entered on the condition that review be permitted. He seeks a remand of the case to the court of appeals with an explicit order that that court review the trial judge’s denial of his motion to quash the bindover of the aggravated robbery charge. If we should find that such a review is not required, Rivera urges us to vacate his conviction on the charge of possession of a dangerous weapon by a restricted person and remand the case to the trial court, allowing Rivera to withdraw his conditional plea for failure of the condition upon which it was based. Rivera’s arguments present a question of law for which we review the decision of the court of appeals for correctness. Montoya, 887 P.2d at 858; see also State v. Pena, 869 P.2d 932, 936 (Utah 1994) (questions of law are reviewed for correctness).

Nothing in our decision in Montoya or the court of appeals’ decision in Sery suggests any justification for the court of appeals’ finding that pretrial motions relating to dismissed charges are not subject to review. See Rivera II, 906 P.2d at 320. Nor does anything in Utah Rule of Criminal Procedure ll(i) prevent review of a pretrial motion concerning a charge that has been dismissed through the parties’ conditional plea agreement. In Montoya, we cited the “plain language” rule of statutory interpretation in reading rule ll(i), stating that “where language is clear and unambiguous, we will construe that language according to its plain meaning.” Montoya, 887 P.2d at 860 (cita *1346 tions omitted). Reading the plain language of rule 11, we concluded that “rule ll(i) allows a defendant entering a conditional plea to reserve the right to appeal ‘the adverse determination of any specified pre-trial motion.’” Id. (quoting Utah R.Crim. P. ll(i)) (emphasis in Montoya).

The State does not argue that either rule ll(i) or the cases on conditional pleading permit a court to refuse review of issues preserved by a conditional plea. Instead the State relies on “[fjundamental rules of justi-ciability.” The State argues that the bind-over issue is now moot as to the aggravated robbery charge because that charge was dismissed and therefore any opinion proffered by a court of appeal would be purely advisory. We disagree. Under State v. Sims, 881 P.2d 840 (Utah 1994), “[a]n issue on appeal is considered moot when ‘the requested judicial relief cannot affect the rights of the litigants.’” Id. at 841 (quoting Burkett v. Schwendiman,

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Bluebook (online)
943 P.2d 1344, 323 Utah Adv. Rep. 22, 1997 Utah LEXIS 70, 1997 WL 453542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rivera-utah-1997.