Garza v. State, 2003 Opinion No. 125 (Idaho 12/4/2003)
| Decision Date | 04 December 2003 |
| Docket Number | Docket No. 29646. |
| Citation | 2003 Opinion No. 125 |
| Parties | JUAN GARZA, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. |
| Court | Idaho Supreme Court |
Appeal from the District Court of the Third Judicial District of the State of Idaho, for Owyhee County. Hon. Gerald L. Weston, District Judge.
The case is remanded to the district court for further proceedings consistent with this opinion.
Molly J. Huskey, State Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Ralph R. Blount argued.
This case is before the Court on a petition to review the Court of Appeals decision overruling Sabin v. State, 129 Idaho 257, 923 P.2d 502 (Ct. App. 1996), which determined the consequences to an applicant for post-conviction relief who fails to respond to a district court's notice of intent to dismiss the application. Juan Garza (Garza) filed an application for postconviction relief but did not respond to the district court's notice of intent to dismiss the application. The court summarily dismissed some of Garza's claims relating to ineffective assistance of counsel pursuant to the Court of Appeal's decision in Sabin. The State requests that this Court vacate the Court of Appeals' decision and adopt the Sabin waiver rule.
Garza pled guilty to attempted rape and first degree kidnapping. In exchange the State agreed to dismiss a charge of aggravated assault and not to pursue a persistent violator enhancement. Garza was given a unified sentence of fifteen years with ten years determinate for attempted rape, and a concurrent unified term of life, with fifteen years determinate for first degree kidnapping. No appeal was filed in the criminal action. Garza later filed a pro se application for post-conviction relief.
The district court appointed counsel to represent Garza in the post-conviction proceedings. The court thereafter issued a notice of intent to dismiss the application, giving Garza twenty days to respond to the proposed dismissal. Garza subsequently filed an amended application for post-conviction relief. It alleged that he received ineffective assistance of counsel in the criminal proceedings because: (1) trial counsel failed to object to the amendment of the information from second degree kidnapping to first degree kidnapping, which increased the maximum possible sentence from fifteen years to life; (2) Garza was unable to instruct counsel to file a notice of appeal because counsel would not accept his collect calls; (3) counsel did not give him the opportunity to read a psychosexual evaluation (Evaluation) and social/sexual assessment (Assessment) that were presented to the trial court at sentencing, depriving him of the opportunity to inform the court of mistakes and discrepancies in the reports; (4) counsel did not advise him that the State's agreement not to pursue a persistent violator enhancement was valueless because he had only one prior felony conviction and was not subject to such an enhancement; (5) counsel should have obtained a second Evaluation because the first was overly negative; and (6) counsel should have insisted upon the preparation of a presentence investigation report (PSI). The application also alleged that Garza was denied due process in that: (1) a full psychological evaluation was not completed, even though such an evaluation was ordered by the court; and (2) a PSI was not completed, even though preparation of a PSI was ordered by the court.
The district court ordered that an evidentiary hearing be held on Garza's claim that his trial counsel was deficient for failing to object to the amendment of the information from second degree kidnapping to first degree kidnapping, but the district court again gave notice of its intent to dismiss all other claims, giving Garza twenty days to respond to the proposed dismissal. Garza did not file a response to the notice. After an evidentiary hearing, the district court denied Garza's claim that he received ineffective assistance of counsel with respect to the amendment of the kidnapping charge. At the same time, the court summarily dismissed the remaining claims.
Garza appealed and the case was assigned to the Court of Appeals. The Court of Appeals overruled its decision in Sabin to the effect that applicants for post-conviction relief who do not respond to a trial court's notice of intent to dismiss thereby waive appellate review of the dismissal order. The Court of Appeals reviewed the merits of Garza's claims in his application for post-conviction relief and affirmed the denial of claims relating to the lack of a PSI but vacated the dismissal order relating to the remainder of the claims asserted in the amended application. The Court of Appeals decision does not preclude the district court from again considering summary dismissal of Garza's remaining claims, providing the district court gives adequate notice of its grounds for dismissal and affords Garza a full opportunity to respond to that notice.
The State filed a petition for review of the Court of Appeals' decision to overrule Sabin. The petition for review was granted.
In Sabin the Court of Appeals held that the failure of a petitioner seeking post conviction relief to respond to the district court's notice of intent to dismiss issued pursuant to I.C. § 19-4906(b) constitutes a default which precludes an appellate court from reviewing the merits of the claims which were raised in the petition. In this case the Court of Appeals overruled Sabin in a 2-1 decision, because in the opinion of the majority "its continued application creates a risk of injustice."
When considering a case on review from the Court of Appeals, this Court does not merely review the correctness of the decision of the Court of Appeals. Leavitt v. Swain, 133 Idaho 624, 627, 991 P.2d 349, 352 (1999). This Court acts as though it is hearing the matter on direct appeal from the decision of the trial court. However, this Court does give serious consideration to the decision of the Court of Appeals. Id.; Sato v. Schossberger, 117 Idaho 771, 774—75, 792 P.2d 336, 339—40 (1990). When this Court grants a petition to review a Court of Appeals decision, it will ordinarily hear all the issues presented to the Court of Appeals. Sato, 117 Idaho at 774, 792 P.2d at 339.
At issue is whether Garza is procedurally barred from appealing a dismissal of his petition for post-conviction relief for failing to reply to the district court's notice of intent to dismiss within the 20-day time limit set forth under I.C. § 19-4906(b). The interpretation of a statute is an issue of law over which this Court exercises free review. Idaho Fair Share v. Idaho Public Utilities Comm'n, 113 Idaho 959, 961-62, 751 P.2d 107, 109—10 (1988), overruled on other grounds by J.R. Simplot Co. v. Idaho State Tax Comm'n, 120 Idaho 849, 820 P.2d 1206 (1991). When interpreting a statute, the primary function of the Court is to determine and give effect to the legislative intent. George W. Watkins Family v. Messenger, 118 Idaho 537, 539—40, 797 P.2d 1385, 1387-88 (1990). Such intent should be derived from a reading of the whole act at issue. Id. at 539, 797 P.2d at 1387-88. If the statutory language is unambiguous, "the clearly expressed intent of the legislative body must be given effect, and there is no occasion for a court to consider rules of statutory construction." Payette River Property Owners Ass'n v. Board of Comm'rs of Valley County, 132 Idaho 551, 557, 976 P.2d 477, 483 (1999). The plain meaning of a statute therefore will prevail unless clearly expressed legislative intent is contrary or unless plain meaning leads to absurd results. George W. Watkins Family, 118 Idaho at 540, 797 P.2d at 1388. However, where the statute is ambiguous, the determination of the meaning of a statute and its application is also a matter of law over which this Court exercises free review. Kelso & Irwin, P.A. v. State Insur. Fund, 134 Idaho 130, 134, 997 P.2d 591, 595 (2000); J.R. Simplot Co. v. Western Heritage Ins. Co., 132 Idaho 582, 584, 977 P.2d 196, 198 (1999). If it is necessary for this Court to interpret a statute, then this Court will attempt to ascertain legislative intent, and in construing a statute, may examine the language used, the reasonableness of the proposed interpretations, and the policy behind the statute. Kelso & Irwin, P.A. at 134, 997 P.2d at 595.
Idaho Code § 19-4906(b) is not explicit as to the consequences to an applicant for post-conviction relief who does not respond to the district court's notice of intent to dismiss the application. Section 19-4906(b) states:
When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply within 20 days to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or, direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact.
The State asserts that the rule of procedural default adopted by the Court of Appeals in Sabin was grounded in the language, purpose and policies underlying I.C. § 19-4906(b) and should be confirmed as the law in Idaho.
Idaho Code § 19-4906(b) was passed by the Idaho House on March 29,...
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