Zachariah Minix v. Commonwealth of Kentucky

CourtKentucky Supreme Court
DecidedAugust 23, 2023
Docket2022 SC 0330
StatusUnknown

This text of Zachariah Minix v. Commonwealth of Kentucky (Zachariah Minix v. Commonwealth of Kentucky) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zachariah Minix v. Commonwealth of Kentucky, (Ky. 2023).

Opinion

IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION

THIS OPINION IS DESIGNATED “NOT TO BE PUBLISHED.” PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, RAP 40(D), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION. RENDERED: AUGUST 24, 2023 NOT TO BE PUBLISHED

Supreme Court of Kentucky 2022-SC-0330-MR

ZACHARIAH MINIX APPELLANT

ON APPEAL FROM ADAIR CIRCUIT COURT V. HONORABLE JUDY VANCE MURPHY, JUDGE NO. 20-CR-00165

COMMONWEALTH OF KENTUCKY APPELLEE

MEMORANDUM OPINION OF THE COURT

AFFIRMING

Zachariah Minix (Minix) pled guilty to one count each of kidnapping,

second-degree unlawful transaction with a minor, second-degree rape,

possession or viewing of materials portraying a sexual performance by a minor,

and possession of marijuana. Before sentencing, Minix moved to withdraw his

guilty plea, and the circuit court denied the motion. He now appeals the circuit

court’s ruling as a matter of right.1 After review, we find no error occurred in

the trial court’s ruling and affirm.

1 Ky. Const. § 110. I. FACTS AND PROCEDURAL BACKGROUND

On August 18, 2020, Minix and another man, Ethan Harville (Harville)

took the thirteen-year-old victim in this case, Jane,2 from Colorado and

intended to take her to Tennessee, Minix’s state of residence. Both Minix and

Harville were twenty-one years old at the time of the offenses herein. Because

this case was disposed of pursuant to a guilty plea, the facts surrounding the

kidnapping were not fully developed in the record before us. But we discern

that Minix met the victim through the internet, and that she initially told him

she was older than she was. However, at some point while en route from

Colorado to Tennessee, Minix was informed over the phone by both Jane’s

father and Colorado law enforcement that she was in fact thirteen. Minix did

not return Jane upon learning this, and instead continued toward Tennessee.

At some point during that trip, Minix threw Jane’s phone out of the car.

Three days after Jane was taken investigators were able to locate her

using cell phone data, presumably from Minix’s phone. They narrowed the

location down to a room at a Sleep Inn Hotel in Adair County, Kentucky. Minix

and Harville refused to open the door when officers attempted to gain entry to

the room, and the officers ultimately had to use a key card obtained through

the hotel’s staff to enter. Jane was found in the room, and she later informed

the officers that Minix had raped her the day prior while she was trying to take

a shower.

2 As the victim is a minor, this opinion will use a pseudonym to protect her

privacy.

2 On November 5, 2020, Minix was indicted by a grand jury for one count

each of kidnapping, first-degree unlawful transaction with a minor, first-degree

rape, possession or viewing of matter portraying a sexual performance by a

minor, and possession of marijuana.

Both federal law enforcement and several state law enforcement agencies

were involved in this case. As such, the evidence submitted in discovery was

extensive and several pre-trial hearing dates and trial dates were set and then

subsequently extended. It appears that defense counsel and the

Commonwealth were actively negotiating a plea deal from at least March 2021

to December 2021. During a hearing on January 25, 2022, defense counsel

informed the court that the defense had received an offer for a plea deal from

the Commonwealth that Minix was interested in, but Minix still had questions

that counsel was trying to get answers for regarding wait times for the sex

offender treatment program due to COVID-19. The defense requested a few

more days for Minix to decide. Three days later, on January 28, defense

counsel reported that Minix and his family had differing views on the

Commonwealth’s offer and Minix still had not decided. The Commonwealth

and defense counsel agreed that March 29, 2022, would be the cut off date for

Minix to either accept or reject the Commonwealth’s plea offer.

On March 29, Minix and his counsel agreed to and signed the

Commonwealth’s plea agreement. Under the terms of the agreement, the

Commonwealth amended Minix’s charge of first-degree unlawful transaction

with a minor to second-degree unlawful transaction with a minor. This

3 downgraded that charge from a Class B felony, punishable by imprisonment for

10-20 years, to a Class D felony, punishable by imprisonment for 1-5 years.

The Commonwealth further agreed to amend the charge of first-degree rape to

second-degree rape. This downgraded the charge from a Class B felony,

punishable by imprisonment for 10-20 years, to a Class C felony punishable by

imprisonment for 5-10 years. Amending both charges in this manner also

meant that Minix would not be considered a “violent offender” pursuant to

KRS3 439.3401(1)(i) and KRS 439.3401(1)(f), respectively. He therefore would

not have to serve 85% of his sentence before attaining eligibility for parole.4

Under the plea agreement, the Commonwealth recommended the

following sentences: fifteen years for kidnapping, five years for second-degree

unlawful transaction with a minor, ten years for second-degree rape, five years

for possession or viewing a matter portraying a sexual performance by a minor,

and thirty days for possession of marijuana. All charges except the kidnapping

charge would run concurrently for a total of ten years, and that ten-year

sentence would run consecutively with the fifteen-year sentence for kidnapping

for a total of twenty-five years. Of note, the plea agreement also required Minix

to “[acknowledge] that he will be deemed to be a ‘sexual offender,’” and that “he

will be subject to lifetime registration on the sex offender registry.”

3 Kentucky Revised Statute.

4 KRS 439.3401(3)(a) (“A violent offender who has been convicted of a . . . Class

B felony shall not be released on probation or parole until he has served at least eighty-five percent (85%) of the sentence imposed.”).

4 On the same date, March 29, the defense filed a motion to enter a guilty

plea, and the circuit court held a standard Boykin5 plea colloquy on the

motion. During the colloquy, Minix agreed that he had sufficient time to review

the plea agreement with his attorney, and that he was satisfied with the

services rendered by his attorney. He stated that he did not have any

questions for the court or his attorney regarding the plea agreement. In

addition, he understood the constitutional rights he was waiving by entering

the guilty plea, including: his right not to testify against himself, his right to a

speedy and public trial by jury, his right to confront and cross-examine

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