Vargas v. State

963 P.2d 984, 1998 Wyo. LEXIS 105, 1998 WL 422347
CourtWyoming Supreme Court
DecidedJuly 29, 1998
Docket96-288
StatusPublished
Cited by19 cases

This text of 963 P.2d 984 (Vargas v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vargas v. State, 963 P.2d 984, 1998 Wyo. LEXIS 105, 1998 WL 422347 (Wyo. 1998).

Opinions

TAYLOR, Justice.

Appellant, Rene Segura Vargas (Vargas), appeals his conviction on two counts of conspiracy to deliver a controlled substance, one count of possession of a controlled substance with intent to deliver, and one count of causing serious bodily injury to a peace officer in the performance of his duty. Finding sufficient evidence to support the conviction, no violation of Vargas’ constitutional rights, and no abuse of discretion in the denial of his [987]*987motion to sever the counts for trial, we affirm.

I. ISSUES

Vargas presents four issues:

ISSUE I
Whether the appellant was denied his constitutional right to a fair trial when he was denied his right to counsel as guaranteed by the Sixth and the Fourteenth Amendments of the United States Constitution and Article I § 10 of the Wyoming Constitution.
ISSUE II
Whether the district court abused its discretion when it denied the appellant’s motion to sever the charges against him.
ISSUE III
Whether there was insufficient evidence to convict the appellant of Count II of the Information, possession with intent to deliver and of Count III of the Information, conspiracy to deliver a controlled substance.
ISSUE IV
Whether the appellant was denied his constitutional right to a speedy trial.

The State of Wyoming phrases the issues in the following manner:

I. Whether the district court abused its discretion in denying appellant’s request for substitute counsel.
II. Whether the district court abused its discretion in denying appellant’s motion for severance.
III. Whether there was sufficient evidence to convict appellant'on Count II and Count III.
IV. Whether appellant was denied his constitutional right to a speedy trial.

II. FACTS

On April 5, 1995, a four-count information was filed against Vargas alleging two counts of conspiracy to commit delivery of a controlled substance, one count of possession of a controlled substance with intent to deliver, and one count of causing serious bodily injury to a peace officer in the performance of his duty. Counts I and III, the conspiracy charges, involved packages of marijuana Vargas received from unknown individuals in Texas. Count II was based on marijuana found packaged for delivery inside Vargas’ car. The car had been abandoned by Vargas, impounded by police, and searched. The fourth count was for injuries inflicted upon a police officer at the time of Vargas’ arrest.

Vargas’ court appointed attorney requested a psychiatric evaluation to determine whether his client was mentally competent to stand trial. That attorney subsequently withdrew, at Vargas’ request, and was replaced with another attorney. Counsel filed a demand for speedy trial and a motion for recusal of the county court judge who would hold the preliminary hearing.

On June 30,1995, the county court entered its order finding Vargas competent to stand trial. The county court also denied the motion for recusal, held a preliminary hearing, and bound Vargas over to district court. Arraignment was set for July 21, 1995, but was continued at Vargas’ request to August 25, 1995. Vargas filed a peremptory challenge to the district court judge, an objection to the preliminary hearing, and a motion to sever the counts for trial. The arraignment was held on August 25, 1995, and the ease was assigned to a different district court judge on September 1,1995.

A hearing on Vargas’ motions was scheduled for October 26, 1995, and the trial was set for November 14, 1995. Because of illness suffered by the district court judge, the motion hearing could not be held as scheduled and was moved to the morning of trial. Vargas sought and received a continuance of the trial setting so he could adjust his trial preparation according to the district court’s rulings on his motions.

The motion hearing was held on November 14, 1995. The district court ruled that Vargas’ preliminary hearing was defective and gave Vargas the option of waiving the defect and continuing to trial as planned or returning the matter to county court for a new preliminary hearing. Vargas chose a new preliminary hearing.

[988]*988The case was returned to county court. Following an unsuccessful motion for recusal of the county court judge, a second preliminary hearing was held on January 4, 1996. The case was again bound over to district court. Vargas again challenged the district court judge and, following a second arraignment on January 12, 1996, the case was reassigned to the same district court judge who had previously been assigned.

Trial was scheduled for March 25, 1996. Vargas filed a motion to dismiss for lack of a speedy trial, and a motion hearing was held on February 28, 1996. The speedy trial motion was denied and the motion to sever the four counts for trial was taken under advisement. A few days later, that motion was also denied.

Trial began as scheduled on March 25, 1996. On the morning of the second day of trial, Vargas informed the district court he was not happy with his attorney’s performance and wanted a different attorney. Vargas was allowed to put his complaints on the record, which included the defects in his first preliminary hearing, the denial of his speedy trial motion, and his attorney’s failure to subpoena witnesses. Vargas requested a continuance so he could find an attorney who would represent him in the manner he desired.

The district court denied Vargas’ requests, explaining that his constitutional right to an attorney did not include the right to an attorney of his choice. The district court indicated it found Vargas’ counsel to be highly competent, and Vargas agreed that his attorney was not incompetent, only that he was not conducting the trial as Vargas wished. Because Vargas already had able counsel and the trial was in its second day, the district court gave him the option of continuing with his current attorney or proceeding pro se. Vargas chose to proceed with current counsel.

Later that same day, Vargas again requested new counsel because he believed his attorney was unethical and unprofessional and was conspiring with the State to effect his conviction. Again, the district court explained Vargas’ right to counsel, and denied the request. Vargas was given the same option of either continuing with current counsel or proceeding pro se. When Vargas refused to allow his attorney to proceed, the district court ruled that Vargas had waived his right to counsel, giving Vargas a recess in which to reconsider. After the recess, the district court explained to Vargas that he had the right to procéed pro se or with counsel, but he was not entitled to change counsel at this juncture. The district court also explained that should he proceed on his own, Vargas would be held to the same rules as an attorney and the district court could not assist him. Vargas’ attorney was appointed as stand-by counsel. The district court explained the limitations of that role to Vargas.

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Cite This Page — Counsel Stack

Bluebook (online)
963 P.2d 984, 1998 Wyo. LEXIS 105, 1998 WL 422347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vargas-v-state-wyo-1998.