State v. Deanda, 115,828
Citation | 411 P.3d 330,307 Kan. 500 |
Decision Date | 23 February 2018 |
Docket Number | No. 115,828,115,828 |
Parties | STATE of Kansas, Appellee, v. Joaquin Alfonso DEANDA, Appellant. |
Court | United States State Supreme Court of Kansas |
Carl F.A. Maughan, of Maughan Law Group LC, of Wichita, was on the brief for appellant.
Linda J. Lobmeyer, special prosecutor, Susan H. Richmeier, county attorney, and Derek Schmidt, attorney general, were on the brief for appellee.
Joaquin Alfonso DeAnda appeals from the district court's denial of his presentence motion to withdraw his guilty plea to first-degree premeditated murder. We affirm.
In 2008, Garden City police discovered a 16-year-old girl's body in a trash dumpster behind the house where 17-year-old DeAnda lived with his mother. The State charged DeAnda with first-degree murder, rape, and aggravated criminal sodomy. Before trial, DeAnda agreed to plead guilty to first-degree premeditated murder in exchange for the State dismissing the remaining charges. The district court accepted the guilty plea, made a finding that aggravating circumstances existed, and sentenced DeAnda to life in prison without the possibility of parole for 50 years. See K.S.A. 21-4635.
On appeal, this court vacated the hard 50 sentence and remanded for resentencing as required by Alleyne v. United States , 570 U.S. 99, 103, 117-18, 133 S.Ct. 2151, 186 L.Ed. 2d 314 (2013) ( ). State v. DeAnda , 299 Kan. 594, 324 P.3d 1115 (2014) ; see also State v. Soto , 299 Kan. 102, Syl. ¶ 9, 322 P.3d 334 (2014) ( ).
On remand, DeAnda moved to withdraw his guilty plea. The district court conducted an evidentiary hearing during which the parties offered joint exhibits, including mental health evaluations concerning DeAnda's competency. DeAnda and Melanie Freeman-Johnson, defense counsel at the time of the original plea, both testified. The court denied the motion, stating:
DeAnda timely filed a notice of appeal. Jurisdiction is proper. K.S.A. 2016 Supp. 22-3601(b)(4) (); K.S.A. 60-2101(b) ( ).
DeAnda argues for de novo review, claiming it is appropriate because his due process rights are at stake. He cites State v. Wills , 244 Kan. 62, 65-68, 765 P.2d 1114 (1988), for support, but that case deals with the State's alleged breach of a plea agreement. That is not what happened in DeAnda's case.
When considering plea withdrawals, a district court has discretion under K.S.A. 2016 Supp. 22-3210(d)(1) : "A plea of guilty or nolo contendere, for good cause shown and within the discretion of the court , may be withdrawn at any time before sentence is adjudged." (Emphasis added.) Therefore, an appellate court reviews a district court's decision to deny a plea withdrawal motion and the underlying determination that the defendant has not met the burden to show good cause for abuse of discretion. State v. Reu-El , 306 Kan. 460, Syl. ¶ 1, 394 P.3d 884 (2017). That standard of review is well known:
"Judicial discretion is abused if judicial action (1) is arbitrary, fanciful, or unreasonable, i.e. , if no reasonable person would have taken the view adopted by the trial court; (2) is based on an error of law, i.e. , if the discretion is guided by an erroneous legal conclusion; or (3) is based on an error of fact, i.e. , if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based." State v. Ward , 292 Kan. 541, Syl. ¶ 3, 256 P.3d 801 (2011).
DeAnda bears the burden of establishing the district court's abuse of discretion. See State v. Denmark-Wagner , 292 Kan. 870, 875, 258 P.3d 960 (2011). When employing an abuse of discretion standard, an appellate court does not reweigh evidence or assess witness credibility. Reu-El , 306 Kan. 460, Syl. ¶ 1, 394 P.3d 884.
A trial court may, for good cause and at its discretion, allow a defendant to withdraw a guilty or nolo contendere plea at any time before sentencing. K.S.A. 2016 Supp. 22-3210(d)(1). In addressing whether a defendant has shown good cause, a district court typically considers three factors: (1) whether "the defendant was represented by competent counsel"; (2) whether "the defendant was misled, coerced, mistreated, or unfairly taken advantage of"; and (3) whether "the plea was fairly and understandingly made." State v. Edgar , 281 Kan. 30, 36, 127 P.3d 986 (2006). These factors " ‘need not apply in a defendant's favor in every case, and other factors may be duly considered in the district judge's discretionary decision on the existence or nonexistence of good cause.’ " State v. Macias-Medina , 293 Kan. 833, 837, 268 P.3d 1201 (2012) ; see also State v. Fritz , 299 Kan. 153, 154, 321 P.3d 763 (2014).
DeAnda argues all three Edgar factors support his claim of good cause to withdraw his plea. He alleges: (1) Freeman-Johnson, trial counsel, provided inadequate advocacy on his behalf; (2) "[t]he plea process and the competency evaluation conspired to take advantage of [his] fragile state of mind"; and (3) the guilty plea was not freely, voluntarily, and understandably made. We consider each claim.
In addition, DeAnda claims Freeman-Johnson's "lackluster advocacy at the crucial point of the plea provides good cause for [him] to withdraw [h]is plea." But as quoted above, the district court found DeAnda was represented by competent counse...
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