Hays v. State

• Decision Date: 10 December 1987
• Docket Number: No. 16478,16478
• Citation: 747 P.2d 758,113 Idaho 736
• Parties: Lee Mazur HAYS, Plaintiff-Appellant, v. STATE of Idaho, Defendant-Respondent.
• Court: Idaho Court of Appeals

Page 758

747 P.2d 758

113 Idaho 736

Lee Mazur HAYS, Plaintiff-Appellant, v. STATE of Idaho, Defendant-Respondent.

No. 16478.

Court of Appeals of Idaho.

Dec. 10, 1987.

Review Denied Feb. 26, 1988. ^*

[113 Idaho 738] Lance D. Churchill, Boise, for plaintiff-appellant.

Jim Jones, Atty. Gen., David R. Minert, Deputy Atty. Gen., for defendant-respondent.

SWANSTROM, Judge.

In this appeal, Lee Hays asks us to review the district court's summary dismissal of his post-conviction relief application. We must determine whether Hays' application for relief raises material issues of fact requiring an evidentiary hearing. We affirm in part and vacate in part. The case is remanded to the district court for further proceedings.

In April, 1984, Hays pled guilty to four counts of lewd and lascivious conduct with a minor. He received an indeterminate life sentence. Hays appealed his sentence. While the appeal was pending, Hays applied for post-conviction relief. The sentence appeal was stayed awaiting the outcome of the application, but the appeal was later dismissed. Hays' application raised six main grounds for relief: (1) the district court lacked jurisdiction to enter the judgment of conviction; (2) the sentence was unlawful due to lack of opportunity for psychiatric treatment; (3) Hays did not receive effective assistance of counsel; (4) the state breached the plea agreement; (5) the sentence was unconstitutional because of its disproportionality; and (6) the state's information failed to allege physical contact with the victims as assertedly required by I.C. § 18-6607. ¹ Both Hays and the state moved for summary judgment under I.C. § 19-4906.

The district court granted Hays' motion in part and granted the state's motion on all other issues. The successful part of Hays' motion was the contention that the information lacked an allegation of physical Initially, we address some procedural issues raised by Hays. He contends that the district court erred in determining the facts by resorting to the criminal trial record instead of relying wholly upon the civil record as outlined in I.C. § 19-4906(c). He also contends that at least an evidentiary hearing is required because the state did not controvert his alleged facts.

[113 Idaho 739] contact. In granting this part, the district court vacated the judgment of conviction on three counts, but upheld count two which alleged physical contact between Hays and the victim. Both sides moved to alter or amend the judgment. Both motions were denied. The state has not appealed. Hays appeals, asserting that the district court erred in not granting an evidentiary hearing on the remaining grounds of his application.

First, we find no error in the use of the underlying criminal record. Although a post-conviction relief application initiates a new and independent civil action, there is no reason why the judge in that action cannot take judicial notice of the record in the criminal case. E.g., Larsen v. May, 93 Idaho 602, 468 P.2d 866 (1970). Second, since both parties moved for summary disposition under I.C. § 19-4906(c), the district court was permitted to determine whether genuine issues of material fact existed and, if not, whether either party was entitled to judgment as a matter of law. Summary dismissal may be appropriate even if the applicant's alleged facts are uncontroverted by the state because, while the underlying facts must be regarded as true, the applicant's conclusions need not be so accepted. Phillips v. State, 108 Idaho 405, 700 P.2d 27 (1985). Our further analysis of Hays' appeal requires individualized discussion of the remaining grounds in his application.

I. JURISDICTION

Hays alleges in his application that the Idaho court had no jurisdiction because the criminal acts to which he pled guilty occurred in California. The state maintains that Hays' guilty plea waived any jurisdictional defects. The district court concluded that Hays provided no facts to support his allegation; that the guilty pleas were conclusive of guilt; and that testimony at sentencing confirmed that Hays' actions occurred in Idaho. Nonetheless, Hays declares that a valid guilty plea does not waive jurisdictional defects. State v. Tipton, 99 Idaho 670, 587 P.2d 305 (1978).

We readily acknowledge the accuracy of the point of law cited by Hays, but find his conclusion inaccurate. The language in Tipton relied upon by Hays is:

A valid plea of guilty, voluntarily and understandingly given, waives all nonjurisdictional defects and defenses, whether constitutional or statutory, in prior proceedings. A valid guilty plea is a judicial admission of all facts charged by the indictment or information. A valid plea of guilty is conclusive as to guilt. It is a waiver of trial, and obviates the necessity of the prosecution coming forward with evidence.

Id. at 673, 587 P.2d at 308 (emphasis added). Although this language has been regularly cited in subsequent cases, there has been no clear explanation of what constitutes "jurisdictional defects."

The early case of State v. Dawn, 41 Idaho 199, 239 P. 279 (1925), was the first Idaho case to recognize that a valid guilty plea waives any defect not jurisdictional. However, the Dawn court noted, as did Tipton, that a valid plea of guilty is a judicial admission of all facts charged in the complaint or information. A jurisdictional defect exists when the alleged facts are not made criminal by statute, or where there is a failure to state facts essential to establish the offense charged. State v. Grady, 89 Idaho 204, 404 P.2d 347 (1965); State v. Cole, 31 Idaho 603, 174 P. 131 (1918); I.C.R. 7(b). Further, jurisdictional defects exist where the alleged facts show on their face that the court has no jurisdiction of the offense charged, or the allegations fail to show that the offense charged was committed within the territorial jurisdiction of the court. State v. Pyne, 105 Idaho 427, 670 P.2d 528 (1983); State v. Mowrey, 91 Idaho 693, 429 P.2d 425 (1967). Such defects are not waived by the entry of Here, the information charged Hays with committing criminal acts within Kootenai County in the State of Idaho. The record reveals that the information was read to Hays at arraignment and he responded that he understood the contents. The trial judge properly informed Hays that if he pled guilty it would be an admission of the truth of the facts alleged; Hays responded that he understood this. Further, Hays admitted to the judge that he committed the acts he was charged with--lewd and lascivious conduct with a minor in Idaho. The trial judge followed the guidelines of I.C.R. 11, assuring himself of Hays' knowledge of the proceedings, their consequences and the voluntariness of his pleas. At sentencing, testimony was elicited from the investigating officer that the acts occurred in Idaho. Hays did not dispute those facts. Photographs supporting the information were admitted into evidence with no objections except for one packet. Hays objected to the admission of that packet on the grounds of relevance; claiming that those particular photographs were taken in California.

[113 Idaho 740] a guilty plea. On the other hand, a valid guilty plea admits all essential allegations including jurisdictional facts, thus relieving the government of the burden of making proof. State v. Tipton, supra; State v. Dawn, supra; see generally 22 C.J.S. Criminal Law §§ 424(2), 424(4), 424(7) (1961).

We conclude that Hays was fully aware he was admitting the jurisdictional facts alleged in the information. The guilty plea precludes Hays from collaterally attacking the court's jurisdiction. No genuine question was raised by Hays; the state was properly entitled to summary judgment on the issue. We note, however, that Hays successfully attacked other defects in the information which he contends were jurisdictional. Of the four charges brought, the trial judge agreed with Hays that at least three of the charges failed to contain facts relating to what the judge deemed to be an essential element of the crime--physical contact. Accordingly, the trial judge vacated the judgment of conviction on those three charges but upheld the conviction on the remaining one. As indicated, the state has not appealed this action. We express no opinion as to whether former I.C. § 18-6607 contained a physical contact requirement.

II. PSYCHOLOGICAL TREATMENT

Hays' application alleged that his sentence was unlawful because Idaho correctional facilities lack psychological treatment programs. He maintains that the district court erred in not holding an evidentiary hearing to determine the validity of this claim. The court's order simply noted that there was nothing in the record to support the contention and that Hays had other recourse available, although not in this proceeding. In so ruling, the district court relied on State v. Gee, 107 Idaho 991, 695 P.2d 376 (1985) where a petitioner apparently made a claim that, as a sexual offender, he was categorized differently for parole purposes, but that he was being given "no remedial treatment to effect a cure for his alleged status." Id. at 994, 695 P.2d at 379. The district court granted summary judgment to the state and the Supreme Court affirmed. In its brief discussion of this issue, the Court noted: "If Gee is in need of medical attention and is not receiving adequate care, he is not without recourse. However, the issue is not properly raised in the instant action." Id. We cannot tell from this statement whether the Court thought the issue was not properly framed with sufficient factual allegations or whether the Court was simply saying that an action for post-conviction relief was not the place to raise the issue at all.

Here, in orally ruling on this issue, the district judge made his pragmatic and legal reasons clear.

I don't think we are talking about anything that has to do with the legality or the constitutionality of the judgment or the sentence that...