State v. Rodriguez

787 P.2d 278, 117 Idaho 292, 1990 Ida. LEXIS 22
CourtIdaho Supreme Court
DecidedFebruary 21, 1990
Docket18075
StatusPublished
Cited by9 cases

This text of 787 P.2d 278 (State v. Rodriguez) 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. Rodriguez, 787 P.2d 278, 117 Idaho 292, 1990 Ida. LEXIS 22 (Idaho 1990).

Opinions

BAKES, Chief Justice.

Rodriguez pleaded guilty to two counts of delivery of controlled substances. He later moved to withdraw his pleas on the ground that he did not understand the consequences of his pleas or the rights he waived by pleading guilty. The district court denied the motion, Rodriguez appealed, and the Court of Appeals reversed, 117 Idaho 175, 786 P.2d 566, based on this Court’s holding in State v. Carrasco, 117 Idaho 295, 787 P.2d 281 (1989) (a companion case to Rodriguez). The State’s petition for review was granted by this Court. We affirm the reversal of the district court, but on different grounds than advanced by the Court of Appeals.

Rodriguez was arrested on August 17, 1986, and charged with four counts of delivery and possession of controlled substances (heroin and cocaine). On September 8, 1986, Rodriguez and co-defendant Carrasco were arraigned before District Judge Grant L. Young. The court minutes show that Rodriguez was advised of the nature of the offense for which he was charged, the maximum punishment for the offenses, and the effect and consequences [293]*293of a guilty plea. Rodriguez pleaded not guilty to all four counts.

On November 17, 1986, Rodriguez again appeared in the district court before District Judge William Black (pro tern.) for the purpose of changing his plea from not guilty to guilty on the two counts alleging unlawful delivery, in return for which the State dropped the two counts alleging unlawful possession. At that time the court discussed the plea change with Rodriguez, and his attorney, Randall Smith, and thereafter accepted Rodriguez’s plea of guilty.

On January 16, 1987, Judge Black sentenced Rodriguez to an indeterminate sentence of thirty years. On February 2, 1987, Rodriguez filed a motion to withdraw his guilty plea pursuant to I.C.R. 33(c) on the grounds that at the time he entered his plea he did not understand the consequences of his plea or the rights he was waiving and as such it was not voluntarily and knowingly given. The court denied the motion to withdraw the plea, finding no evidence of manifest injustice as required by I.C.R. 33(c), and further finding the plea to have been entered knowingly and voluntarily.

Rodriguez appealed the ruling and the case was assigned to the Court of Appeals. The Court of Appeals reversed the trial court’s order denying Rodriguez’s motion to withdraw his guilty plea based upon the plurality opinion of this Court in State v. Carrasco, 117 Idaho 295, 787 P.2d 281, rehear, granted, holding that Rodriguez, like Carrasco, had not been contemporaneously re-advised of the constitutional rights that he would be waiving at the time that he entered his guilty plea on November 17, 1986. We granted rehearing in Carrasco, and in an opinion issued in that case, this Court has rejected the rationale of the Carrasco plurality which required a contemporaneous re-advisement of rights at the time of change of plea from not guilty to guilty. Accordingly, the basis for the Court of Appeals reversal in this case has been overturned, and the Court of Appeals decision cannot stand.

We nevertheless must address Rodriguez’s claim that the record does not re-

fleet that Rodriguez was ever at any time adequately advised of the nature and consequences of pleading guilty, as required by I.C.R. 11(c) and State v. Colyer, 98 Idaho 32, 557 P.2d 626 (1976).

On September 8, 1986, Rodriguez was arraigned in district court and entered a plea of not guilty. An interpreter was present as Rodriguez, a Hispanic, spoke little English. The district judge read the full panoply of rights and consequences attendant upon entrance of a guilty plea at that time. The following excerpt from the transcript of the arraignment demonstrates the critical deficiency of that proceeding:

The court also determines whether there is a factual basis for the entry of your plea of guilty. You would waive any defenses that you may have to the charges set forth in the Information. You would waive any claim that this court has in some manner treated you unfairly up to this point in time. Do any of you have any questions?
(No response)

It simply cannot be determined from this colloquy whether Rodriguez actually understood the nature and consequences attendant upon entrance of a guilty plea because, when asked if he had any questions, the record reflects that no response was given. On November 17,1986, pursuant to a plea bargaining agreement, Rodriguez entered a plea of guilty at the district court level. With respect to the issue now before us, the following excerpts from that proceeding are significant.

THE COURT: Mr. Smith, before I inquire of your client, may I inquire of you as to whether or not you feel that you have had ample opportunity to visit with Mr. Rodriguez regarding these proposed changes and amendments?
MR. SMITH: Yes, Your Honor. I have. I visited with him last week with the services of an interpreter for more than an hour. We discussed in detail the plea and the consequences of that plea.
THE COURT: Mr. Rodriguez, do you understand any English at all?
DEFENDANT RODRIGUEZ: Some.
[294]*294THE COURT: Marina, would you inquire of Mr. Rodriguez if he understands what has been done here this afternoon?
(Questions to the Defendant by the Court now were through the interpreter.)
DEFENDANT RODRIGUEZ: Yes.
THE COURT: Would you then ask him if he has had ample opportunity to visit with Mr. Smith regarding these matters?
DEFENDANT RODRIGUEZ: Yes.
THE COURT: Would you then ask him if he is prepared this afternoon to enter a plea of guilty to Count I which charges him with Unlawful Delivery Of A Controlled Substance, to-wit: Heroin?
DEFENDANT RODRIGUEZ: Yes.
THE COURT: And would you ask him if he also is prepared to enter a plea of guilty to Count IV which charges him with Unlawful Delivery Of A Controlled Substance, to-wit: Cocaine?
DEFENDANT RODRIGUEZ: Yes.
THE COURT: Would you also then ask him if it is his understanding that upon his plea of guilty to these two Counts, Counts II and III against him will be dismissed by the State?
DEFENDANT RODRIGUEZ: Yes.
THE COURT: Would you then ask him to please tell us in his own words why he is pleading guilty to these two Counts?
DEFENDANT RODRIGUEZ: Because I was present and I was with them.
THE COURT: Would you ask him if he did what he is charged with doing?
DEFENDANT RODRIGUEZ: I feel guilty because I was involved on that. THE COURT: Very well. Would you ask him if he knows of any other promises or agreements that may have been made in his behalf in exchange for a plea of guilty?

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State v. Rodriguez
787 P.2d 278 (Idaho Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
787 P.2d 278, 117 Idaho 292, 1990 Ida. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodriguez-idaho-1990.