Sanchez v. State
| Decision Date | 11 October 1995 |
| Docket Number | No. 21675,21675 |
| Citation | 127 Idaho 709,905 P.2d 642 |
| Parties | Juan SANCHEZ, Petitioner-Appellant, v. STATE of Idaho, Respondent. |
| Court | Idaho Court of Appeals |
Alan G. Lance, Attorney General; L. Lamont Anderson, Deputy Attorney General, Boise, for respondent. L. Lamont Anderson argued.
Juan Sanchez appeals from a district court's order dismissing his application for post-conviction relief after an evidentiary hearing. For the reasons explained below, we affirm.
Sanchez was charged with attempted robbery, two counts of conspiracy to commit robbery, principal to the crime of attempted robbery, two counts of burglary in the first degree, two counts of conspiracy to commit the crime of burglary in the first degree, aggravated battery, battery with intent to commit a serious felony, and attempted murder in the first degree and an enhancement for possession of a firearm in the commission of a crime. These charges arose from a series of robberies and burglaries of gas station convenience stores committed by Sanchez and two cohorts. Pursuant to plea negotiations, Sanchez pled guilty to attempted robbery, I.C. §§ 18-6501 and 18-306, and to aggravated battery, I.C. §§ 18-903(a) and 18-907, and admitted to having used a firearm in the commission of the aggravated battery. The remaining charges were dismissed. The district court imposed concurrent sentences of fifteen years for each crime. Because Sanchez used a firearm in committing the aggravated battery, the court extended the aggravated battery sentence for an additional fifteen years, for a maximum of thirty years. For each crime, the district court specified that the minimum term of confinement would be the entire length of the sentence. On appeal, this Court affirmed the judgment of conviction and the sentences imposed. State v. Sanchez, 115 Idaho 394, 766 P.2d 1275 (Ct.App.1988). Sanchez then filed an application for post-conviction relief. After an evidentiary hearing, the district court entered an order denying the application. Sanchez now appeals from this order.
Sanchez raises two issues. First, he claims that he did not enter into the plea agreement voluntarily, knowingly and intelligently. Second, Sanchez alleges that he did not receive effective assistance of counsel at the time he entered his plea of guilty.
An application for post-conviction relief under I.C. § 19-4901 is a special proceeding, distinct from the criminal action which led to the conviction. State v. Bearshield, 104 Idaho 676, 678, 662 P.2d 548, 550 (1983); Clark v. State, 92 Idaho 827, 830, 452 P.2d 54, 57 (1969); Murray v. State, 121 Idaho 918, 921, 828 P.2d 1323, 1326 (Ct.App.1992). If the application raises material issues of fact, the district court must conduct an evidentiary hearing and make specific findings of fact on each such issue. I.C. § 19-4907(a). The burden is on the applicant to establish grounds for relief by a preponderance of the evidence. I.C.R. 57(c); Odom v. State, 121 Idaho 625, 826 P.2d 1337 (Ct.App.1992). On reviewing the district court's granting or denying of post-conviction relief following an evidentiary hearing as provided in I.C. § 19-4907, we consider the evidence in the light most favorable to the trial court's findings. Storm v. State, 112 Idaho 718, 720, 735 P.2d 1029, 1031 (1987); Estes v. State, 111 Idaho 430, 436, 725 P.2d 135, 141 (1986). Findings supported by competent and substantial evidence produced at the hearing will not be disturbed on appeal. Holmes v. State, 104 Idaho 312, 313, 658 P.2d 983, 984 (Ct.App.1983). However, we will freely review the legal conclusions drawn by the trial court from the facts found. Young v. State, 115 Idaho 52, 54, 764 P.2d 129, 131 (Ct.App.1988).
I
Validity of the Guilty Plea
Sanchez argues that he did not enter the plea agreement voluntarily, knowingly and intelligently for two reasons. First, he claims that he was told by his attorney that he would receive a fifteen-year fixed sentence for the aggravated battery conviction if he signed the plea agreement. He asserts that he did not understand that the court could impose a thirty-year sentence, with no possibility for parole. Second, Sanchez asserts that he did not understand everything contained in the plea agreement because the agreement was written in English and he speaks and understands Spanish. He alleges that while reviewing the contents of the plea agreement with his attorney and an interpreter, the interpreter had difficulties translating some of the terms of the agreement.
To be valid, a guilty plea must be knowingly, intelligently and voluntarily made. State v. Dopp, 124 Idaho 481, 483-84, 861 P.2d 51, 53-54 (1993); State v. Colyer, 98 Idaho 32, 34, 557 P.2d 626, 628 (1976); State v. Harris, 127 Idaho 376, 900 P.2d 1387 (Ct.App.1995); Svenson v. State, 110 Idaho 161, 162, 715 P.2d 374, 375 (Ct.App.1986). A guilty plea entered in reliance upon a false premise may be set aside. Mabry v. Johnson, 467 U.S. 504, 509, 104 S.Ct. 2543, 2547, 81 L.Ed.2d 437 (1984); Svenson, 110 Idaho at 162, 715 P.2d at 375.
We find no merit to Sanchez's claim that he did not enter his plea of guilty voluntarily, knowingly, and intelligently. A review of the record shows that the plea agreement which Sanchez signed specifically stated that the aggravated battery charge, when enhanced by the use of a firearm, is punishable by a total of up to thirty years of confinement. In addition, the court informed Sanchez of the possible thirty-year sentence at the plea hearing. The following colloquy took place:
This Court concludes that Sanchez was fully informed of the possibility that the trial court could impose a thirty-year fixed sentence for the aggravated battery conviction. We note further that a misrepresentation by counsel as to the sentence a convicted individual could receive from the trial court is not grounds for post-conviction relief. Walker v. State, 92 Idaho 517, 521, 446 P.2d 886, 890 (1968); Pierce v. State, 124 Idaho 406, 407, 860 P.2d 22, 23 (Ct.App.1993).
There is overwhelming evidence in the record showing that an interpreter was used for all court proceedings and for interactions between Sanchez and his attorney. The interpreter admitted at the post-conviction evidentiary hearing that he had difficulty translating some nonlegal terms, but after consulting his dictionary, found translations Sanchez appeared to understand.
We agree with the district court that Sanchez voluntarily entered into the plea agreement with a full understanding of its terms. We hold that substantial, competent evidence in the record disproves Sanchez's claim that he did not enter the plea agreement voluntarily, knowingly, and intelligently.
II
Ineffective Assistance of Counsel
A claim of ineffective assistance of counsel may properly be brought under the post-conviction procedure act. Murray v. State, 121 Idaho 918, 924-25, 828 P.2d 1323, 1329-30 (Ct.App.1992). To prevail on an ineffective assistance of counsel claim, the defendant must show that his attorney's performance was deficient, and that he was prejudiced by the deficiency. Hassett v. State, 127 Idaho 313, 900 P.2d 221 (Ct.App.1995); Russell v. State, 118 Idaho 65, 67, 794 P.2d 654, 656 (Ct.App.1990); Davis v. State, 116 Idaho 401, 406, 775 P.2d 1243, 1248 (Ct.App.1989). To establish a deficiency, the applicant has the burden of showing that his attorney's representation fell below an objective standard of reasonableness. Aragon v. State, 114 Idaho 758, 760, 760 P.2d 1174, 1176 (1988); Russell, 118 Idaho at 67, 794 P.2d at 656. To establish prejudice, the applicant must show a reasonable probability that, but for his attorney's deficient performance, the outcome of his trial would have been different. Aragon, 114 Idaho at 761, 760 P.2d at 1177; Russell, 118 Idaho at 67, 794 P.2d at 656.
Furthermore, in a post-conviction proceeding challenging an attorney's failure to pursue a motion in the underlying criminal action, the court properly may consider the probability of success of the motion in question in determining whether the attorney's...
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