Sanchez–martinez v. People of State

• Citation: 250 P.3d 1248
• Decision Date: 09 May 2011
• Docket Number: No. 10SC83.,10SC83.
• Parties: Nicanor SANCHEZ–MARTINEZ, Petitionerv.The PEOPLE of the State of Colorado, Respondent.
• Court: Supreme Court of Colorado

250 P.3d 1248

Nicanor SANCHEZ–MARTINEZ, Petitioner

v.The PEOPLE of the State of Colorado, Respondent.

No. 10SC83.

Supreme Court of Colorado, En Banc.

May 9, 2011.

The Law Office of Mark Burton, P.C., K. Mark Burton, Denver, Colorado, Attorneys for Petitioner.Don Quick, District Attorney, Seventeenth Judicial District, Russell Wentworth, Deputy District Attorney, Brighton, Colorado, Attorneys for Respondent.Justice HOBBS delivered the Opinion of the Court.

In Sanchez–Martinez v. People, No. 09CV578, the Adams County District Court reversed the county court's order vacating petitioner Nicanor Sanchez–Martinez's guilty plea to third degree assault as unknowing, involuntary, and unintelligent. We granted certiorari, and reverse.¹

In January 2008, the Northglenn Police Department (“NPD”) responded to complaints of a fight occurring in the apartment of petitioner Nicanor Sanchez–Martinez. Based on allegations made by his wife, Sanchez–Martinez was charged with third degree assault and misdemeanor menacing, both of which were charged as acts of domestic violence.

Appearing pro se before Magistrate Bowen of the Adams County Court, Sanchez–Martinez pleaded guilty to third degree assault as an act of domestic violence and was sentenced to one year of probation, payment of a $500 fine, a sixty-day suspended jail sentence, and was ordered to complete thirty-six sessions of domestic violence counseling. Sanchez–Martinez successfully complied with the terms of his probationary sentence, and Magistrate Mole of the Adams County Court terminated his probation in January 2009.

Subsequently, in February 2009, Sanchez–Martinez brought a Crim. P. 35(c) motion requesting that his guilty plea be set aside, in light of new evidence that allegedly negated his guilt. At the hearing on the Rule 35(c) motion, the prosecution elicited testimony from the defendant establishing that he cannot read or write in Spanish or English, was never informed of the constitutional rights he waived by pleading guilty, and pleaded guilty because he believed that he would be incarcerated otherwise.

As a result, during the hearing Adams County Court Magistrate Mole expressed his concern that Sanchez–Martinez did not knowingly and voluntarily plead guilty. At the conclusion of the hearing, Magistrate Mole also informed both parties that, taking the matter under advisement, he would likely set aside the guilty plea as unconstitutional. In a subsequent written order, he did so, and the prosecution appealed to the Adams County District Court.

The district court reversed the county court, concluding that the County Court improperly addressed the constitutionality of Sanchez–Martinez's guilty plea. It concluded that the court addressed the issue of an involuntary, unknowing, unintelligent guilty plea without providing notice, in violation of the prosecution's “right to due process.”

Because we determine that the county court provided the prosecution with adequate notice of its concerns about the constitutionality of the guilty plea, we do not reach the issue of whether the prosecution waived its right to claim lack of notice or whether the prosecution has such a right. We hold that the county court acted within its discretion when it addressed the constitutionality of Sanchez–Martinez's guilty plea based on evidence at the hearing. Finally, we also hold that the record supports the county court's findings and conclusion that Sanchez–Martinez's guilty plea was unconstitutional.

I.

On January 12, 2008, NPD officers responded to a report of an argument in Sanchez–Martinez's apartment in Northglenn, Colorado. Sanchez–Martinez and his wife, Adriana Munoz lived in the apartment with their two young children. Munoz claimed she confronted Sanchez–Martinez after he struck one of their children several times. Munoz alleged that he then grabbed her neck, pushed her against the wall, punched her several times in the head, and threatened to kill her.

Sanchez–Martinez was arrested and charged with third degree assault, section 18–3–204, C.R.S. (2010), and misdemeanor menacing, section 18–3–206, C.R.S. (2010). The prosecution charged both counts as acts of domestic violence pursuant to section 18–6–801, C.R.S. (2010).

Four days later, on January 16, 2008, Sanchez–Martinez appeared pro se with the aid of an interpreter before the Adams County Court, Magistrate Brian N. Bowen, to enter a guilty plea pursuant to Crim. P. 11. After Magistrate Bowen listed the crimes with which Sanchez–Martinez was charged, he asked whether Sanchez–Martinez read, or had read to him, and signed, an advisal of rights form. When Sanchez–Martinez indicated that he had not, Magistrate Bowen stopped the proceedings to give Sanchez–Martinez the opportunity to review and sign an advisal of rights form.

After the break, Magistrate Bowen conducted the Rule 11 colloquy. The transcript quoted below shows the Rule 11 colloquy in its entirety:

Magistrate Bowen: Okay. We're back on the record, ah, 08–M–213. Sir, have you now had an opportunity to read or have read to you and signed this advisal of rights form? Oops. One more time. Okay, sir, have you now had the opportunity to either read or have read to you and signed this advisal of rights form.

Sanchez–Martinez: Yes.

Magistrate Bowen: Do you have any questions regarding your rights?

Sanchez–Martinez: I'm wondering if I can get the PR bond and then go to alcohol classes.

Magistrate Bowen: Okay. Well, let me talk to you about what this paper says and we'll go, then I'll try to answer your question. The district attorney says that upon a plea of guilty to assault in the third degree and domestic violence, that they would dismiss the other charges on your case.

Sanchez–Martinez: Okay.

Magistrate Bowen: If they do that, the maximum possible penalty here is five thousand dollars and/or two years in the county jail, with thirty-six weeks of domestic violence classes. They have no objection to your getting probation and credit for time served in this case. Is that your understanding?

Sanchez–Martinez: You mean that I have been incarcerated?

Magistrate Bowen: Yes, you have been incarcerated, but the People would have no objection to your being placed on probation.

Sanchez–Martinez: Okay.

Magistrate Bowen: So if you're on probation, then there's no PR bond. Do you understand that, sir?

Sanchez–Martinez: What do you mean probation?

Magistrate Bowen: Probation which, would mean that you would be able to return to the community under the supervision of the court, through the probation department. Sir, are you in agreement with that?

Sanchez–Martinez: Yes.

Magistrate Bowen: Okay, Then, as to assault in the third degree, if you were to enter a plea of guilty to that charge, you would be acknowledging that you did, within the State of Colorado, on or about the twelfth day of January 2001—excuse me—2008, knowingly or recklessly cause bodily injury to another person without affirmative defense or legal justification. Sir, is that your understanding?

Sanchez–Martinez: Yes.

Magistrate Bowen: So, as to 18–3–204, assault, and 18–6–801, domestic violence, sir, how do you plead, guilty or not guilty?

Sanchez–Martinez: Guilty.

Magistrate Bowen: Do you understand that guilty means you did this; not guilty would mean you did not?

Sanchez–Martinez: Guilty means I did it?

Magistrate Bowen: Yes.

Sanchez–Martinez: Yes.

Magistrate Bowen: Did you do this?

Sanchez–Martinez: Yes.

Magistrate Bowen: Okay. Ah, has anyone promised you anything in order to have you enter this plea today?

Sanchez–Martinez: No.

Magistrate Bowen: Okay. Then, as to sentencing—counsel? (Question addressed to prosecuting counsel)

The court then sentenced him to a one-year term of probation and a sixty-day suspended jail sentence, and ordered him to pay a $500 fine and attend thirty-six sessions of domestic violence counseling.

On January 16, 2009, the Adams County Probation Department filed a petition with the Adams County Court to terminate Sanchez–Martinez's probation as successfully completed. On January 20, 2009, Magistrate Simon Mole granted the motion and terminated Sanchez–Martinez's term of probation.

On February 9, 2009, Sanchez–Martinez filed a motion for post-conviction relief pursuant to Crim. P. 35(c)(2)(V). The motion claimed that a mutual friend of both Sanchez–Martinez and Munoz, Julia Diaz–Rojas, would testify that Munoz told her she fabricated her account of the events leading up to Sanchez–Martinez's arrest. Diaz–Rojas would testify that Munoz lied to the police because she was concerned that her children would be taken away. It also alleged that Sanchez–Martinez is inexperienced with the justice system and erroneously believed that failing to plead guilty would automatically result in a sentence of two years in county jail. It claimed that this new evidence required the court to vacate Sanchez–Martinez's conviction.

On March 4, 2009 Magistrate Mole held a hearing on Sanchez–Martinez's Rule 35(c) motion. In the hearing, Diaz–Rojas testified that Munoz told her Sanchez–Martinez did not initiate the physical altercation that led to his arrest. She testified that Munoz told her she was angry because one of their children was throwing food at dinner. According to Diaz–Rojas, Munoz said she exploded after Sanchez–Martinez told her to calm down, and she hit him first as they both struggled. Diaz–Rojas testified that Munoz said she was worried her children would be taken away, so she lied to the police to place the blame on Sanchez–Martinez.

At the hearing, upon questioning by the prosecution, Sanchez–Martinez testified regarding the circumstances surrounding his guilty plea:

District Attorney: But you pled guilty to this charge in January of 2008?

Sanchez–Martinez: Yes, because what I wanted to do is I wanted to get out, I wanted to go with my family, I didn't want to lose my job. Before we went into the court they sat me down with the interpreter and the DA or somebody, I think,...