In re Gabree
Decision Date | 08 September 2017 |
Docket Number | No. 15–339,15–339 |
Citation | 176 A.3d 1113 |
Court | Vermont Supreme Court |
Parties | IN RE Alexis GABREE |
Matthew F. Valerio, Defender General, and Emily Tredeau, Prisoners' Rights Office, Montpelier, for Petitioner–Appellant.
Jennifer Barrett, Orleans County State's Attorney, Newport, and Christopher C. Moll, Essex, for Respondent–Appellee.
PRESENT: Reiber, C.J., Dooley, Skoglund, Robinson and Eaton, JJ.
¶ 1. Petitioner Alexis Gabree appeals the superior court's decision to dismiss her petition for post-conviction relief (PCR). She argues that, during the plea colloquy, she never personally admitted that a factual basis for the charges existed, in violation of Vermont Rule of Criminal Procedure 11(f). We agree and so reverse and remand.
¶ 2. In 2013, the State charged petitioner with two counts of grossly negligent operation of a vehicle, death resulting, in violation of 23 V.S.A. § 1091(b). Under the terms of the plea agreement, petitioner agreed to plead guilty to both counts in exchange for a sentence of six to fifteen years, to serve.
¶ 3. On February 27, 2014, at the change-of-plea hearing, the court first examined the terms of the plea with the State and defense counsel, then proceeded to the following plea colloquy:
After inquiring about petitioner's mental state, the change-of-plea court continued with the colloquy:
¶ 4. The change-of-plea court then explained to petitioner that, by entering the plea agreement, she was giving up her right to a trial; petitioner affirmatively waived her right to a trial. The court concluded the colloquy by asking both the State and defense counsel whether the court articulated a factual basis for the charges. Both attorneys agreed that a factual basis existed for the two counts of grossly negligent operation, death resulting. Petitioner pled guilty to the charges, and the court accepted her plea. At a subsequent sentencing hearing on April 2, 2014, the court sentenced petitioner according to the terms of the plea agreement—six to fifteen years, to serve.
¶ 5. Seven months later, on November 21, 2014, petitioner filed a pro se PCR petition. As amended by assigned counsel, the petition alleged that, during the plea colloquy, petitioner never actually admitted the factual elements of the crimes for which she was convicted, in violation of Vermont Rule of Criminal Procedure 11(f). The State and petitioner filed cross-motions for summary judgment.
¶ 6. The PCR court granted the State's motion for summary judgment, denied petitioner's cross-motion, and dismissed the PCR petition. In its analysis, the PCR court relied on State v. Cleary, 2003 VT 9, 175 Vt. 142, 824 A.2d 509, to conclude that the colloquy "substantially complied" with Rule 11(f). In reaching this conclusion, the PCR court noted that, at the outset of the colloquy, the petitioner indicated that, by pleading guilty, she would be admitting to the truth of the key facts and elements of the charges. Given this initial admission by petitioner—as well as the ability of a lay person to comprehend the nature of the offenses and the change-of-plea court's detailed explanation of the factual circumstances supporting the charged offenses—the PCR court determined that the colloquy was sufficient under Rule 11(f). This appeal followed.
¶ 7. We review the PCR court's summary judgment decision de novo and apply the same standard as the trial court.
In re Kirby, 2012 VT 72, ¶ 5, 192 Vt. 640, 58 A.3d 230 (mem.). "Summary judgment is proper where there is no genuine issue of material facts and the movant is entitled to judgment as a matter of law." Id.; V.R.C.P. 56(a).
¶ 8. Vermont Rule of Criminal Procedure 11 sets forth a series of substantive and procedural rules to ensure that a defendant's guilty plea is knowing and voluntary. State v. Yates, 169 Vt. 20, 25, 726 A.2d 483, 486 (1999). For example, Rule 11(d) requires the change-of-plea court to determine, by addressing the defendant, that the plea is in fact voluntary. Id. at 25, 726 A.2d at 487 ; V.R.Cr.P. 11(d) ; see also V.R.Cr.P. 11(c) ( ); V.R.Cr.P. 11(g) ( ).
¶ 9. Within this system, Rule 11(f) requires the change-of-plea court to ensure that the defendant understands and admits to a factual basis for each element of the offenses charged. See In re Bridger, 2017 VT 79, ¶ 22, –––Vt. ––––, 176 A.3d 489 ; In re Dunham, 144 Vt. 444, 447–48, 479 A.2d 144, 146–47 (1984). By making this inquiry, the court ensures that a defendant's plea is truly voluntary and that a reviewing court has the ability to review the record. Bridger, 2017 VT 79, ¶ 22, ––– Vt. ––––, 176 A.3d 489 ; In re Stocks, 2014 VT 27, ¶ 13, 196 Vt. 160, 94 A.3d 1143. Absent such an inquiry, a defendant may not "completely understand the elements of the charge or realize that [he or she] has a valid defense" and may enter a false guilty plea. Reporter's Notes, V.R.Cr.P. 11(f) ; see In re Miller, 2009 VT 36, ¶ 9, 185 Vt. 550, 975 A.2d 1226 ( ). Rule 11(f) is distinct from the other subsections of Rule 11 ; thus, even if a defendant knowingly and voluntarily enters into a plea, Rule 11(f) requires a court to independently establish that a factual basis for the plea exists. See Stocks, 2014 VT 27, ¶ 13, 196 Vt. 160, 94 A.3d 1143 ( ); Yates, 169 Vt. at 25, 726 A.2d at 487 ( ).
¶ 10. While this case was pending, we clarified in Bridger that "an ‘adequate...
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In re Barber
...Shortly thereafter, this Court applied Bridger to another pending collateral proceeding. See In re Gabree, 2017 VT 84, ¶¶ 9-11, ––– Vt. ––––, 176 A.3d 1113 (concluding that plea did not comply with Rule 11(f) because petitioner did not independently affirm factual basis as required by Bridg......
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In re Barber
...Shortly thereafter, this Court applied Bridger to another pending collateral proceeding. See In re Gabree, 2017 VT 84, ¶¶ 9-11, ___ Vt. ___, 176 A.3d 1113 (concluding that plea did not comply with Rule 11(f) because petitioner did not independently affirm factual basis as required by Bridge......
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State v. Rillo
...a factual basis for the plea."). This inquiry is necessary to ensure the plea is voluntary. In re Gabree, 2017 VT 84, ¶ 9, 205 Vt. 478, 176 A.3d 1113 ("By making this [ Rule 11(f) ] inquiry, the court ensures that a defendant's plea is truly voluntary and that a reviewing court has the abil......
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State v. Rillo
...there is a factual basis for the plea."). This inquiry is necessary to ensure the plea is voluntary. In re Gabree, 2017 VT 84, ¶ 9, 205 Vt. 478, 176 A.3d 1113 ("By making this [Rule 11(f)] inquiry, the court ensures that a defendant's plea is truly voluntary and that a reviewing court has t......