Roman v. State

Decision Date25 February 1994
Docket NumberNo. 20295,20295
Citation873 P.2d 898,125 Idaho 644
PartiesAlfredo Holquin ROMAN, Petitioner-Appellant, v. STATE of Idaho, Respondent.
CourtIdaho Court of Appeals

Manweiler, Bevis & Cameron, P.A., Boise, for appellant. David D. Manweiler argued.

Larry EchoHawk, Atty. Gen., Thomas P. Watkins, Deputy Atty. Gen., argued, Boise, for respondent.

LANSING, Judge.

This is an appeal from the district court's summary dismissal of an application for post-conviction relief. We are asked to determine whether the allegations contained in the application were sufficient to entitle the applicant to an evidentiary hearing. For the reasons given below, we affirm.

I. PROCEDURAL BACKGROUND

Alfredo Holquin Roman was found guilty by a jury of a single count of lewd and lascivious conduct with a child under sixteen years of age, I.C. § 18-1506. He was sentenced to an indeterminate life term with twenty years' minimum confinement. Roman filed a timely motion for reduction of sentence pursuant to I.C.R. 35, which was denied by the district court. No appeal was taken from that denial.

On February 13, 1991, Roman filed an application for post-conviction relief seeking to overturn the conviction on grounds of, inter alia, failure of the trial court to determine whether a conflict of interest existed between Roman and his attorney at the time of the sentencing hearing, reliance upon an allegedly outdated psychological evaluation in sentencing, and various claims of ineffective assistance of counsel at trial. 1 The state moved for summary dismissal of the application pursuant to I.C. § 19-4906. After reviewing the application, affidavits and depositions presented by the parties, the district court dismissed the application.

II. STANDARD OF REVIEW

An application for post-conviction relief initiates a special proceeding which is civil in nature. Clark v. State, 92 Idaho 827, 452 P.2d 54 (1969). Summary disposition of a post-conviction relief application under I.C. § 19-4906(c) is the procedural equivalent of summary judgment under I.R.C.P. 56. Ramirez v. State, 113 Idaho 87, 741 P.2d 374 (Ct.App.1987). Summary judgment will be granted in a civil action when the litigant opposing the motion fails to make a showing sufficient to establish the existence of an element essential to that party's case on which that party will bear the burden of proof at trial. Badell v. Beeks, 115 Idaho 101, 102, 765 P.2d 126, 127 (1988); Garzee v. Barkley, 121 Idaho 771, 774, 828 P.2d 334, 337 (Ct.App.1992). As Chief Judge Walters stated in Garzee:

Facts in dispute cease to be "material" facts when the plaintiff fails to establish a prima facie case. In such a situation, there can be "no genuine issue of material fact," since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial.

Garzee, 121 Idaho at 774, 828 P.2d at 337. This same standard governs motions for summary dismissal of applications for post-conviction relief. If the applicant facing such a motion fails to present evidence making a prima facie case, i.e., establishing each essential element of the claim, then summary dismissal is appropriate. The applicant's factual showing must be based upon evidence that would be admissible at hearing. Drapeau v. State, 103 Idaho 612, 617, 651 P.2d 546, 551 (Ct.App.1982).

When the court considers a motion for summary dismissal, uncontroverted allegations of fact contained in a verified application for post-conviction relief are deemed to be true. Ramirez, 113 Idaho at 88, 741 P.2d at 375; Cooper v. State, 96 Idaho 542, 531 P.2d 1187 (1975). However, even when the state has not directly controverted the allegations with affidavits or depositions, an applicant's conclusory allegations, unsubstantiated by any admissible evidence, need not be accepted as true. Pulver v. State, 93 Idaho 687, 692, 471 P.2d 74, 79 (1970), overruled on other grounds by State v. Tucker, 97 Idaho 4, 539 P.2d 556 (1975); Baruth v. Gardner, 110 Idaho 156, 159-60, 715 P.2d 369, 372-73 (Ct.App.1986). When the evidence before the court on a motion for summary dismissal fails to frame a genuine issue of material fact, the court may summarily dispose of the application. I.C. § 19-4906(c); Parrott v. State, 117 Idaho 272, 274, 787 P.2d 258, 260 (1990). Accordingly, the question on appeal from the summary dismissal of an application for post-conviction relief is whether the application, affidavits, or other evidence supporting the application allege facts which, if true, would entitle the applicant to relief. Whitehawk v. State, 116 Idaho 831, 780 P.2d 153 (Ct.App.1989).

III. ANALYSIS
A. CLAIMS OF ERROR AT THE SENTENCING HEARING

In his post-conviction application, Roman alleges that the district court committed two errors in the sentencing phase of trial. First, he asserts that the court relied upon an outdated psychological report; and second, the court failed to address an alleged conflict between Roman and his attorney at the sentencing hearing.

1. Psychological Report

The state argues that the issue regarding the district court's use of the psychological evaluation is not properly presented in this post-conviction relief application because it could have been raised on direct appeal from the judgment of conviction and sentence. We agree. Idaho Code § 19-4901(b) prohibits presentation in post-conviction relief proceedings of any issue that could have been raised on direct appeal except in limited circumstances not presented here. Roman could have challenged the trial court's reliance upon the allegedly outdated report in the course of sentencing through a direct appeal of the sentence. Therefore, that claim, even if supported by the evidence, creates no basis for post-conviction relief.

2. Conflict with Counsel

We next consider Roman's claim that the court should have afforded Roman a hearing on, or provided some remedy for, a conflict between Roman and his trial attorney which was allegedly brought to the court's attention at the sentencing hearing. 2 Roman has not met his burden of presenting evidence to support this claim.

A post-conviction proceeding is not an extension of the criminal case from which it arises. Rather, it is a separate civil action in which the applicant bears the burden of proof imposed upon a civil plaintiff. Paradis v. State, 110 Idaho 534, 536, 716 P.2d 1306, 1308 (1986); Clark v. State, supra. No part of the record from the criminal case becomes part of the record in the post-conviction proceeding unless it is entered as a exhibit. Transcripts of the pretrial proceedings, the trial, and sentencing hearing in the criminal case, even if previously prepared as a result of a direct appeal or otherwise, are not before the trial court in the post-conviction proceeding and do not become part of the record on appeal unless presented as exhibits. Further, our Supreme Court has held that a district court, in ruling on ineffective assistance of counsel issues raised in a post-conviction application, may not take "judicial notice" of the attorney's performance at the criminal trial, but, instead, must review the trial transcript. Matthews v. State, 122 Idaho 801, 807-08, 839 P.2d 1215, 1221-22 (1992).

When the state's motion to dismiss was interposed, it became Roman's burden to place in evidence either a transcript of the sentencing hearing 3 or sufficient testimony by affidavit regarding what transpired at the hearing to make a prima facie showing that he is entitled to relief. Roman's application for post-conviction relief presents no admissible evidence on his claim that the district court did not properly address an attorney/client conflict at the sentencing hearing. Roman has made only conclusory allegations that the court erred by failing to evaluate an attorney/client conflict or to appoint new counsel before imposing sentence. Roman presented no evidence of the precise nature of the conflict, how it was brought to the sentencing court's attention, what relief or assistance was requested of the sentencing court, or how the court responded. In the absence of evidence sufficient to raise a factual issue regarding the propriety of the court's actions at the sentencing hearing, the district court did not err in dismissing this claim for post-conviction relief.

B. INEFFECTIVE ASSISTANCE OF COUNSEL

Roman's remaining claims involve various allegations of ineffective assistance of counsel. These claims are evaluated under the two-part test set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). First, a convicted defendant must establish that counsel's representation did not meet objective standards of competence. Id. at 687-88, 104 S.Ct. at 2064. There is a strong presumption that counsel's performance falls within the wide range of competent professional assistance, and the defendant bears the burden of proving that counsel's representation fell below an objective standard of reasonableness. Aragon v. State, 114 Idaho 758, 760, 760 P.2d 1174, 1176 (1988); Murray v. State, 121 Idaho 918, 922, 828 P.2d 1323, 1327 (Ct.App.1992). Second, the defendant must show there is a reasonable probability that, but for counsel's unprofessional errors, the results of the proceeding would have been different. Strickland, 466 U.S. at 694, 104 S.Ct. at 2068; Parrott, 117 Idaho at 274-75, 787 P.2d at 260-61. This latter "prejudice" requirement focuses on whether counsel's deficient performance affected the outcome of the case. Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 370, 88 L.Ed.2d 203 (1985). To avoid summary dismissal, a post-conviction claim of ineffective assistance of counsel must sufficiently allege facts under both prongs of the test.

Facts presented must be in the form of competent, admissible evidence. Paradis, 110 Idaho at 536, 716 P.2d at 1308; Drapeau, 103 Idaho at 617, 651 P.2d at 551....

To continue reading

Request your trial
521 cases
  • State v. Dunlap, Docket No. 32773/37270
    • United States
    • United States State Supreme Court of Idaho
    • August 27, 2013
    ...allegations, unsupported by admissible evidence, or the applicant's conclusions of law." Id. (citing Roman v. State, 125 Idaho 644, 647, 873 P.2d 898, 901 (Ct.App.1994)). "When an appellant asserts the violation of a constitutional right, we give deference to the trial court's factual findi......
  • Stevens v. State
    • United States
    • Court of Appeals of Idaho
    • December 10, 2013
    ...or it will be subject to dismissal. Wolf v. State, 152 Idaho 64, 67, 266 P.3d 1169, 1172 (Ct.App.2011) ; Roman v. State, 125 Idaho 644, 647, 873 P.2d 898, 901 (Ct.App.1994). Idaho Code § 19–4906 authorizes summary dismissal of a petition for post-conviction relief, either pursuant to motion......
  • State v. Abdullah
    • United States
    • United States State Supreme Court of Idaho
    • March 2, 2015
    ...mere conclusory allegations, unsupported by admissible evidence, or the applicant's conclusions of law. Roman v. State, 125 Idaho 644, 647, 873 P.2d 898, 901 (Ct.App.1994). State v. Payne, 146 Idaho 548, 561, 199 P.3d 123, 136 (2008). On the other hand, "[w]hen appellate review of a distric......
  • State v. Dunlap
    • United States
    • United States State Supreme Court of Idaho
    • August 27, 2013
    ...allegations, unsupported by admissible evidence, or the applicant's conclusions of law." Id. (citing Roman v. State, 125 Idaho 644, 647, 873 P.2d 898, 901 (Ct.App.1994) ). "When an appellant asserts the violation of a constitutional right, we give deference to the trial court's factual find......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT