Csc v. State, C-04-12.

• Decision Date: 30 August 2005
• Docket Number: No. C-04-12.,C-04-12.
• Citation: 2005 WY 106,118 P.3d 970
• Parties: In the Interest of CSC, a minor, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

Page 970

118 P.3d 970

2005 WY 106

In the Interest of CSC, a minor, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

No. C-04-12.

Supreme Court of Wyoming.

August 30, 2005.

COPYRIGHT MATERIAL OMITTED

Representing Appellant: Ken Koski, State Public Defender; and Donna D. Domonkos, Appellate Counsel.

Representing Appellee: Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Dee Morgan, Senior Assistant Attorney General.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.

KITE, Justice.

[¶ 1] CSC, a minor, appeals from the juvenile court's¹ order adjudging him guilty of aiding and abetting in the commission of first-degree sexual assault. CSC entered a conditional plea of guilty² to the charge, reserving his right to appeal the juvenile court's denial of his motion to suppress evidence. On appeal, CSC contests the denial of his suppression motion and contends that the juvenile court should not have accepted his guilty plea because it was not supported by a sufficient factual basis. Although CSC raises two interesting issues of constitutional magnitude, after a careful review of the record and the law pertaining to these issues, we conclude that the juvenile court did not err by accepting CSC's guilty plea or denying his motion to suppress. We, therefore, affirm.

ISSUES

[¶ 2] CSC articulates the issues on appeal as follows:

I. Whether the district court erred when it found there was a factual basis for the crime of aiding and abetting first degree sexual assault.

II. Whether the district court erred when it denied appellant's motion to suppress statements.

The State offers a similar statement of the appellate issues:

I. Did the juvenile court err in accepting appellant's factual basis to support his delinquency adjudication for aiding and abetting first degree sexual assault?

II. Did the juvenile court abuse its discretion when it denied appellant's motion to suppress the statements he made to law enforcement officers at his high school?

FACTS

[¶ 3] On February 20, 2004, 16-year-old CSC, his male friends (KM, CH, WD, and MJ), and the female victim (AA) decided to skip their classes at Campbell County High School in Gillette. They went to CSC's house and began drinking alcohol. AA became intoxicated, and KM and MJ helped her into the master bedroom, where KM and AA engaged in sexual intercourse.

[¶ 4] After KM and AA had been alone in the bedroom for approximately 20 minutes, KM came out and informed the others that AA had vomited on him. CSC and the others took AA to the shower and washed her off. They then put her in a clean bed, and CSC cleaned the soiled bedding. AA awoke later in the day, and MJ took her home. AA's uncle realized she was intoxicated and took her to the Gillette Police Department. The police transported her to the hospital, and medical tests confirmed that AA had consumed alcohol and engaged in sexual intercourse on that day.

[¶ 5] On February 23, 2004, police officers went to the Gillette high school and requested that school officials call CSC to the office. CSC was directed to a large conference room where two investigators from the Campbell County Sheriff's Department, a Gillette police detective, a school resource officer, and a school official were gathered. Sheriff Department Investigator Tony Seeman questioned CSC about the events that occurred at CSC's home on February 20, 2004.

[¶ 6] On February 27, 2004, CSC was arrested and charged with aiding and abetting in the commission of first-degree sexual assault. The statements he made during the February 23rd interview were important evidence against him. CSC denied the charge and filed a motion to suppress his statements. After a hearing, the juvenile court denied the motion.

[¶ 7] CSC subsequently entered a conditional guilty plea, pursuant to W.R.Cr.P. 11(a)(2),³ but reserved his right to appeal the juvenile court's denial of his motion to suppress. At his change of plea hearing, the juvenile court heard testimony from CSC and a statement from the prosecution about the events of February 20, 2004. The juvenile court concluded there was a sufficient factual basis for CSC's guilty plea and accepted it.

[¶ 8] The juvenile court entered an order of disposition on July 15, 2004, sentencing CSC to the Wyoming Boys' School in Worland for an indefinite period of time not to exceed his twenty-first birthday. The court suspended that placement and placed him on probation for a term of not less than six (6) nor more than eighteen (18) months. CSC then filed a timely notice of appeal.

DISCUSSION

Factual Basis

[¶ 9] CSC claims the juvenile court erred when it found there was a sufficient factual basis for his plea of guilty to the crime of aiding and abetting in the commission of first-degree sexual assault. We review the procedure utilized to accept a guilty plea as a whole. Van Haele v. State, 2004 WY 59, ¶ 11, 90 P.3d 708, 711 (Wyo.2004). "Our inquiry determines if the [juvenile court] sufficiently described the nature of the charges, including the possible penalties; informed the defendant of the right to representation; informed the defendant of the rights waived by a guilty plea; and obtained a factual basis for the plea." Mehring v. State, 860 P.2d 1101, 1106 (Wyo.1993). See also, Sami v. State, 2004 WY 23, ¶ 9, 85 P.3d 1014, 1017 (Wyo.2004).

[¶ 10] W.R.Cr.P. 11(f) articulates the factual basis requirement for acceptance of a guilty plea. That rule states:

(f) Determining accuracy of plea. — Notwithstanding the acceptance of a plea of guilty, the court should not enter a judgment upon such plea without making such inquiry as shall satisfy it that there is a factual basis for the plea.

Rule 11 does not require proof beyond a reasonable doubt that a defendant is guilty or a complete description of the elements of the crime before the juvenile court may accept his guilty plea. Sami, ¶ 9. See also, Van Haele, ¶ 26. Instead, the court must determine whether: 1) the defendant's acts fell within the conduct prohibited by law and, 2) at the time of the guilty plea, the defendant understands his conduct was criminal. Sami, ¶ 9. See also, Barnes v. State, 951 P.2d 386, 389 (Wyo.1998).

[¶ 11] A sufficient factual basis for a guilty plea may be found in "the defendant's testimony and admissions and/or the state's presentation of evidence." Sami, ¶ 10. The juvenile court may also "draw inferences from the defendant's admissions or the evidence presented by the state to satisfy all elements of the crime to which the defendant is pleading guilty." Id. (citing Rude v. State, 851 P.2d 15, 18 (Wyo.1993)). See also, Van Haele, ¶¶ 13, 26; Anderson v. State, 2002 WY 46, ¶ 32, 43 P.3d 108, 120 (Wyo.2002).

[¶ 12] CSC pled guilty to aiding and abetting in the commission of first-degree sexual assault, in violation of Wyo. Stat. Ann. §§ 6-1-201 and 6-2-302(a)(iii) (LexisNexis 2003). In order to be convicted of the crime, CSC must have: 1) aided, abetted, encouraged, hired, commanded or procured KM; 2) to inflict sexual intrusion upon AA, who was physically helpless; 3) while he knew or reasonably should have known that she was physically helpless; and 4) without AA's consent to the sexual intrusion. Sections 6-1-201, 6-2-302(a)(iii).

[¶ 13] At the change of plea hearing, CSC testified that he and his friends, including KM and AA, decided to skip school on February 20, 2004. They went to CSC's house, where they found some liquor, engaged in a "chugging contest", and watched television. CSC testified that, after the chugging contest, AA was acting "goofy" and "buzzed." The prosecutor stated that the other boys told police that AA was quite intoxicated after the chugging contest.

[¶ 14] CSC testified that AA stumbled into his mother's bedroom with KM and MJ's help. CSC saw KM start "messing with" AA and left them alone in the bedroom. CSC subsequently returned to the bedroom and witnessed KM kissing AA and removing her shirt and underwear. He testified that AA slapped KM's hand away and said "no" and "not yet." CSC was amused by KM's actions and testified that he knew that KM intended to have sexual intercourse with AA. KM asked CSC for a condom and CSC went outside to his truck to get one for him. Approximately 20 minutes later, KM came out of the bedroom and told the others that AA had vomited on him. CSC and the other boys carried AA to the shower and washed her. They toweled her off and placed her in a clean bed. CSC removed the soiled bedding from the master bed.

[¶ 15] It is clear that CSC aided, abetted, and/or encouraged KM to engage in sexual intercourse with AA. He knew that KM intended to have sexual intercourse with AA and provided KM with the condom and the place to accomplish the act. In addition, the record confirms that CSC knew or reasonably should have known that AA was physically helpless and did not consent to the sexual intrusion. He witnessed AA participate in the chugging contest and saw her stumble as she was being helped into the bedroom. The other boys indicated that AA was intoxicated when she went into the bedroom with KM. CSC saw KM remove AA's clothes, and there is no indication that AA assisted in, or consented to, removing her clothes. Moreover, CSC saw AA slap KM's hand away and say, "no" and "not yet" when KM was attempting to remove her underwear. CSC's testimony and the prosecution's statement, together with the juvenile court's reasonable inferences, were sufficient to satisfy the factual basis requirement of Rule 11(f). The juvenile court did not, therefore, err by accepting CSC's guilty plea.

Motion to Suppress

[¶ 16] CSC claims the juvenile court erred when it denied his motion to suppress the statements he made during the interview in the school conference room. In particular, he claims that the police violated his constitutional rights by failing to apprise him of his rights in...