State v. Rodriguez, 17857

• Court: Court of Appeals of Idaho
• Writing for the Court: SWANSTROM; WALTERS, C.J., and BENGTSON
• Citation: 118 Idaho 957,801 P.2d 1308
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Albert RODRIGUEZ, Defendant-Appellant.
• Docket Number: No. 17857,17857
• Decision Date: 04 December 1990

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801 P.2d 1308 118 Idaho 957 STATE of Idaho, Plaintiff-Respondent,
v.
Albert RODRIGUEZ, Defendant-Appellant. No. 17857. Court of Appeals of Idaho. Dec. 4, 1990.

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[118 Idaho 958] The Law Clinic of Twin Falls, for defendant-appellant. Golden R. Bennett argued.

Jim Jones, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., for plaintiff-respondent. Michael A. Henderson argued.

SWANSTROM, Judge.

Albert Rodriguez appeals from his judgment of conviction for conspiring to destroy insured property. I.C. § 18-1701; I.C. § 41-1326. The issues raised on appeal are: (1) did the district court abuse its discretion by refusing to permit Rodriguez to withdraw his guilty plea; (2) were Miranda warnings required prior to Rodriguez' confession; and (3) were Rodriguez' inculpatory statements made voluntarily? For reasons explained below, we affirm.

We begin by reviewing the facts leading to this appeal. On January 18, 1988, Rodriguez reported to his insurance company that his vehicle had been stolen. The same day, his wife reported the theft to the Heyburn City Police Department. In a subsequent telephone call by the Rodriguezes, the police informed them that their burned vehicle had been found near Declo, Idaho. Two days later, on January 28, 1988, at the request of the police, Rodriguez went to the police station to discuss the reported theft. He was taken to an interview room where he was interrogated about his involvement in arson of the vehicle. It is obvious from a video tape recording of this interrogation that the officers suspected Rodriguez of criminal activity. Their questions were accusatory in nature from the start. No Miranda warnings preceded this questioning. After about an hour of questioning, Rodriguez admitted that he participated in a plan to destroy the vehicle. He was then given the Miranda warnings before he signed a written statement. When the session ended Rodriguez was allowed to leave but he was later charged with conspiracy to destroy insured property. His wife and his brother-in-law were also charged as co-conspirators.

At his arraignment, Rodriguez pled not guilty to the conspiracy charge. He later filed a motion to suppress the statements made at the police station. This motion was denied on May 12, 1988. A joint trial for Rodriguez, his wife, and his brother-in-law had been scheduled to begin on May 17. Separate counsel represented each defendant. On the morning of trial, Rodriguez and the state entered into a plea agreement. Rodriguez changed his plea to guilty. He agreed to testify in the trial of his brother-in-law. The state agreed to dismiss the charge against Rodriguez' wife and agreed to recommend to the court that Rodriguez be placed on probation in lieu of any incarceration. Rodriguez did testify in the pending trial. The jury acquitted his brother-in-law.

Two months later, with a different attorney, Rodriguez moved to withdraw his guilty plea. This motion was denied. The judge later sentenced Rodriguez to the Board of Correction for a five-year term, with a minimum period of two and one-half years. However, the judge suspended the sentence and placed Rodriguez on probation for five years. This appeal followed.

We address first Rodriguez' contention that the district court abused its discretion in denying his motion to withdraw his guilty plea under I.C.R. 33(c):

Withdrawal of plea of guilty. A motion to withdraw a plea of guilty may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court after sentence may set aside the judgment

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[118 Idaho 959] of conviction and permit the defendant to withdraw his plea.

The most recent discussion of this rule by our Supreme Court is found in State v. Hawkins, 117 Idaho 285, 787 P.2d 271 (1990). There, the Court noted that the granting or denial of a motion to withdraw a guilty plea is within the discretion of the trial court. Particularly with respect to motions made before pronouncement of sentence, such discretion should be liberally exercised. Because I.C.R. 33(c) is the same as the Federal Rule of Criminal Procedure 32(d), the Court noted that "federal case law is both helpful and relevant to the resolution of these issues." State v. Hawkins, 117 Idaho at 289, 787 P.2d at 275.

Federal case law clearly establishes that presentence withdrawal of a guilty plea is not an automatic right, United States v. Barker, 514 F.2d 208, 221 (D.C.Cir.1975); Goo v. United States, 187 F.2d 62 (9th Cir.1951), and that the defendant has the burden of proving that the plea should be allowed to be withdrawn. Everett v. United States, 336 F.2d 979, 984 (D.C.Cir.1964). Further, the standard of review in these cases is an "abuse of discretion" standard, United States v. Rasmussen, 642 F.2d 165, 167 (5th Cir.1981), and prejudice to the state is not a necessary finding for rejection of a motion to withdraw plea. United States v. Rasmussen, 642 F.2d at 168.

Id. 117 Idaho at 289, 787 P.2d at 275. Finally, the Court noted that "a defendant attempting to withdraw a plea of guilty prior to sentencing must demonstrate a just reason for withdrawal." Id., citing State v. Ballard, 114 Idaho 799, 761 P.2d 1151 (1988). The state and Rodriguez agree that a "just reason for withdrawal" of Rodriguez' guilty plea must be shown. If there is such a showing, then the plea must be set aside unless the state is able to demonstrate that prejudice would result from withdrawal of the plea. State v. Ballard, supra; State v. Henderson, 113 Idaho 411, 744 P.2d 795 (Ct.App.1987). However, "the failure to present and support a plausible reason, even absent prejudice to the prosecution, will dictate against granting withdrawal." State v. Ballard, 114 Idaho 799, 801, 761 P.2d 1151, 1153 (1988), citing United States v. Webster, 468 F.2d 769 (1972), cert. denied, 410 U.S. 934, 93 S.Ct. 1385, 35 L.Ed.2d 597 (1973).

A threshold question is whether the plea of guilty was knowingly, intelligently and voluntarily made. See State v. Colyer, 98 Idaho 32, 557 P.2d 626 (1976). Of course, if the plea is legally defective, relief must be granted. State v. Ballard, supra; State v. Detweiler, 115 Idaho 443, 767 P.2d 286 (Ct.App.1989). Once an appellate court has made the threshold determination that the guilty plea was knowingly, intelligently and voluntarily made, in the constitutional sense, then it proceeds to determine whether any other "just reason" exists for withdrawal of the plea. State v. Ballard, supra.

Here, Rodriguez does not contend that his guilty plea was involuntary in the constitutional sense. We acknowledge that Rodriguez contends the statements he made to police were involuntary and were in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We discuss...