State v. Ruiz
| Decision Date | 24 February 1984 |
| Docket Number | No. 14511,14511 |
| Citation | 106 Idaho 336,678 P.2d 1109 |
| Parties | STATE of Idaho, Plaintiff-Appellant, v. Elizar RUIZ, aka Andy Ruiz, Defendant-Respondent. |
| Court | Idaho Supreme Court |
Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-appellant.
Gary Dale DeMeyer and Virginia Rae DeMeyer, Middleton, for defendant-respondent.
This is an appeal by the State of Idaho from the order of a magistrate court dismissing a criminal complaint on the basis that the State had not shown probable cause that the accused committed the crimes charged. From that order of the magistrate court, the State appealed to the district court which dismissed the appeal as being unauthorized by Idaho's criminal rules. On this appeal from the district court, we affirm.
The facts in brief indicate that at approximately midnight September 6, 1981, a fight was taking place outside a bar in Caldwell, Idaho when someone fired several shots at the fighting participants and then fled. Those shots killed two of the participants in the fight, wounded a third, and the fourth escaped injury. Ruiz was charged by a four count complaint with two counts of first degree murder, one count of battery with intent to commit a serious felony, and one count of assault with intent to commit murder. The complaint additionally alleged that Ruiz used a firearm in the commission of the charged crimes.
The preliminary hearing began on October 6 and continued until October 9, 1981. Following presentation of the State's evidence, defense counsel moved the court to dismiss the complaint. The magistrate ordered count two (a murder charge) dismissed, but denied the defense motion as to counts one, three and four. The prosecution then moved to reopen its case to present additional evidence in support of count two. That motion was granted and, following defense presentation of evidence, the prosecution put on one additional witness. Upon motion by the defense, the court viewed the crime scene. Thereafter, and following argument to the court and a review of the evidence, the magistrate ordered all counts dismissed.
The State filed notice of appeal to the district court and the district court dismissed that appeal, stating:
We note initially that I.C.R. 54(a) provides in pertinent part: Hence, on this appeal much effort was expended arguing whether or not the defendant actually made a motion to dismiss the complaint and, therefore, whether the magistrate's action was an "order granting a motion to dismiss a complaint." For reasons stated infra, we hold that whether or not the order of the magistrate was an "order granting a motion to dismiss a complaint," the State may not appeal from that order, and hence we affirm the action of the district court in dismissing the attempted appeal.
I.C.R. 2(a) requires the subsequent criminal rules to be construed in accordance therewith:
In the instant case, we are given two alternatives in interpreting I.C.R. 54(a). On the one hand, we may so interpret the rule in a fashion which will certainly result in unjustifiable delay (here the matter has been pending and unresolved since October 9, 1981). Such delay cannot but inure to the detriment of both the prosecution and the defense insofar as the availability of or the recollection of witnesses are concerned. Further, that availability of an appeal cannot do otherwise than increase the appellate case load of our district courts and require those district courts to second guess the exercise of discretion by the magistrate courts. On the other hand, we deem that our holding today will serve the interest of both the prosecution and the defense since, as we hold, it is clear that the prosecution can immediately thereafter initiate a new complaint before a different magistrate and insure the public's right to the speedy administration of justice. An accused, at the same time, can and will obtain a speedy determination of his rights and position without the inconvenience, delay and expense of a lengthy appellate process.
Here, the State could have simply filed another complaint with another magistrate, in effect having its assertion of error resolved in a new preliminary hearing. See Stockwell v. State, 98 Idaho 797, 573 P.2d 116 (1977); and Rufener v. Shaud, 98 Idaho 823, 573 P.2d 142 (1977); I.C. § 19-3506; State v. Kingman Justice Precinct Ct. of Mohave County, 88 Ariz. 342, 356 P.2d 694 (1960); People v. Overstreet, 64 Ill.App.3d 287, 21 Ill.Dec. 227, 381 N.E.2d 305 (1978); State v. McCombs, 164 Kan. 334, 188 P.2d 922 (1948); State v. Thomas, 529 S.W.2d 379 (Mo.1975); Tell v. Wolke, 21 Wis.2d 613, 124 N.W.2d 655 (1963); Dreps v. State ex rel. Kaiser, 219 Wis. 279, 262 N.W. 700 (1935); 1 WHARTON'S CRIMINAL PROCEDURE § 142 (12th ed. 1974); 21 Am.Jur.2d Criminal Law § 419 (1981).
The State was not barred under double jeopardy principles from refiling since an accused is not put in jeopardy at a preliminary hearing. People v. Overstreet, supra; Tell v. Wolke, supra; 21 Am.Jur.2d Criminal Law § 419 (1981); see Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975). In Rufener v. Shaud, supra, it was held that the only limit to refiling a complaint is that it cannot be done without good cause or in bad faith. See also Tell v. Wolke, supra. As to the instant case, our dismissal at this point will not prevent refiling in consideration of the relevant statute of limitations, see I.C. § 19-402, nor do we deem refiling would be prevented under the speedy trial guarantee of the sixth amendment, see United States v. MacDonald, 456 U.S. 1, 102 S.Ct. 1497, 71 L.Ed.2d 696 (1982).
Our limiting construction of I.C.R. 54(a) as not allowing appeals from a dismissal of a complaint when the remedy of refiling is available is not without precedent. In Minnesota, the statute provided that in criminal cases the state might appeal from "an order, the substantive effect of which is to dismiss an indictment, information or complaint." Minn.St. 632.11, subd. 1 [statute subsequently repealed]. In State v. Maki, 291 Minn. 427, 192 N.W.2d 811 (1971), a magistrate had dismissed charges against a defendant and the state had attempted to appeal. The court there held that the dismissal was not appealable, stating:
We do not understand this provision to comprehend that the state has the right to appeal every time a magistrate dismisses a...
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