State v. Salinas
| Decision Date | 29 December 1994 |
| Docket Number | No. CR-94-0131-PR,CR-94-0131-PR |
| Citation | 181 Ariz. 104,887 P.2d 985 |
| Parties | STATE of Arizona, Appellee, v. Jeffrey F. SALINAS, Appellant. |
| Court | Arizona Supreme Court |
The state petitioned this court to review a court of appeals decision setting aside defendant's conviction and sentence because his guilty plea to possession of marijuana for sale lacked a sufficient factual basis. We granted review to determine whether the trial court correctly found that a sufficient factual basis existed for defendant's guilty plea. We have jurisdiction to hear this appeal pursuant to Ariz. Const. art. 6, § 5(3) and rule 31.19, Arizona Rules of Criminal Procedure.
In May 1992, defendant Jeffrey Salinas was charged in Coconino County Superior Court with one count of residential trespass. Later, while on release, defendant was indicted on one count each of knowing possession of less than one pound of marijuana for sale, knowing possession of a concealed weapon while committing a felony drug offense, and knowing possession of a defaced deadly weapon. Defendant originally pleaded not guilty to all counts, but later entered into a plea agreement in which he pleaded guilty to residential trespass, possession of less than one pound of marijuana for sale, and possession of a defaced deadly weapon. In exchange for the guilty plea, the state agreed not to allege defendant's prior felony convictions or the conviction of a felony committed while on release for a felony.
At the change of plea hearing on August 12, 1992, the prosecutor provided the trial court with the following factual basis to support defendant's guilty plea:
[O]n April 22nd, 1992, Mr. Salinas entered the home of Sara and Carol O'Connor.
He was intoxicated. He was angry. He had a rock in his hand, acted in a threatening manner and stated he was going to go get a gun.
This is the home of both of these women. They were scared. They did not give Mr. Salinas any permission or authority to enter into their home.
....
... [O]n July 19th, 1992, Officer Randy Weems of the Flagstaff Police Department made a traffic stop on a vehicle in which Mr. Salinas was a passenger.
Officer Weems was going to issue a warning citation to the driver. As part of officer safety, he talked with Mr. Salinas. Mr. Salinas consented to a pat-down search of his person for both weapons and drugs.
Officer Weems found in Mr. Salinas's shoe a baggie of marijuana, approximately half an ounce, that Mr. Salinas said he was going to sell to someone on the east side of town, that being Flagstaff.
The search also revealed that Mr. Salinas had a .22 caliber semi-automatic pistol stuck in the waistband of his pants. This weapon was concealed. The magazine to the weapon was in his shirt pocket.
....
... [S]erial numbers [stamped on the back of the gun] were substantially defaced, although they were still legible. It would be very obvious to anyone looking at the gun that the serial numbers were defaced.
Mr. Salinas admitted that he had the marijuana for sale and that it was in fact marijuana. It was a usable amount.
When asked by the court if this recitation of the facts was "a correct statement," defendant replied, Defense counsel explained that defendant was just exaggerating when he told police that the marijuana was for sale, but conceded that "as far as the factual basis for these offenses, I do agree the state would have a factual basis." When asked by the court how he pleaded to the first count, defendant responded,
The trial court determined that a sufficient factual basis existed for each of the three charges, so it accepted the plea agreement and found defendant guilty. The court ordered defendant to pay fines and sentenced him to the following aggravated terms of imprisonment: 1.875 years for trespass, 5 years for possession of marijuana for sale, and 1.875 years for possession of a defaced deadly weapon, with all sentences to run concurrently. Defendant appealed his convictions and sentences, and the court of appeals reversed the drug conviction because it found an insufficient factual basis for defendant's guilty plea to possession of marijuana for sale. State v. Salinas, 179 Ariz. 488, 491, 880 P.2d 708, 711 (App.1994). The state petitioned this court to uphold defendant's conviction. Because we believe that a sufficient factual basis existed for the guilty plea, we granted review.
Whether the court of appeals erred by reversing defendant's conviction because it found an inadequate factual basis for his guilty plea to possession of marijuana for sale.
Before entering judgment on a guilty plea, the trial court must determine whether a factual basis exists for each element of the crime to which defendant pleads. Rule 17.3, Arizona Rules of Criminal Procedure; State v. Wallace, 151 Ariz. 362, 365, 728 P.2d 232, 235 (1986). The elements of possession of a narcotic for sale are: 1) exercise of dominion and control over the substance; 2) knowledge that the substance is present; 3) knowledge that the substance is a narcotic; and 4) possession of the substance for the purpose of sale. State v. Arce, 107 Ariz. 156, 160, 483 P.2d 1395, 1399 (1971); see also A.R.S. § 13-3405.
A factual basis can be established by "strong evidence" of guilt and does not require a finding of guilt beyond a reasonable doubt. Wallace, 151 Ariz. at 365, 728 P.2d at 235. The evidence of guilt may be derived from any part of the record including presentence reports, preliminary hearing transcripts, or admissions of the defendant. State v. Rogowski, 130 Ariz. 99, 101, 634 P.2d 387, 389 (1981). In the past, the court of appeals has relied on police reports, State v. Rivera, 172 Ariz. 247, 249, 836 P.2d 460, 462 (App.1992), and the statements of prosecutors, State v. Richardson, 175 Ariz. 336, 338, 857 P.2d 388, 390 (App.1993), to establish factual bases.
Defendant argues that the only facts supporting his guilty plea to possession of marijuana for sale are his own statements to police that he intended to sell the marijuana. Defendant claims that he later retracted these statements, and that his guilty plea, therefore, lacks a factual basis. The record shows that defendant admitted to a probation officer that "he was drunk when he made the statement [to police] about selling marijuana," and further stated that "the marijuana wasn't for sale." At the change of plea hearing, defendant said, "The marijuana wasn't for sale, but--And the residential trespass--It's all true." Defense counsel also told the court that defendant was just exaggerating when he said the marijuana was for sale.
"It is well established in this state that a judge is not limited to a defendant's statement at the plea hearing in ascertaining a factual basis for a guilty plea." State v. Brooks, 120 Ariz. 458, 461, 586 P.2d 1270, 1273 (1978). Therefore, defendant is incorrect when he asserts that his statements alone provided the factual basis for his guilty plea. The trial court justifiably relied on strong evidence of guilt in the extended record that outweighed defendant's contradictory statements about what he intended to do with the marijuana he possessed. See State v. Freda, 121 Ariz. 430, 432, 590 P.2d 1376, 1378 (1979) (). As the dissenting court of appeals' opinion noted, the extended record, which included a police report, a presentence report, and a transcript from the change of plea hearing, revealed the following facts:
Defendant was a passenger in an automobile stopped for erratic driving. While questioning the driver, the officer observed and recognized defendant as an individual with a known gang affiliation. Defendant appeared to be trying to hide something. Defendant was asked to step out of the car. He exited the car and consented to a search. The search revealed a defaced .22 caliber semi-automatic pistol concealed in defendant's waistband and one quarter ounce of marijuana in a plastic bag in defendant's shoe.
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State v. Brown, 2 CA-CR 2016-0018
...basis needed to support a guilty plea is different from the state's burden of proof in a criminal trial. See State v. Salinas, 181 Ariz. 104, 106, 887 P.2d 985, 987 (1994) (factual basis for guilty plea "can be established by 'strong evidence' of guilt and does not require a finding of guil......
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Yepez-Vargas v. Barr
...13-3408(A)(7) is also "indivisible," because the statute lists alternative means of committing the same offense. See State v. Salinas, 887 P.2d 985, 987 (Ariz. 1994) (setting forth "[t]he elements of possession of a narcotic for sale are: 1) exercise of dominion and control over the substan......
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...supporting the DCAC allegation, and based on the record before us, we cannot say that the factual basis was deficient. See State v. Salinas, 181 Ariz. 104, 106 (1994) (stating the factual basis need not show guilt beyond a reasonable doubt; only strong evidence of guilt need be established)......
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State v. Alderete
...may "be established by 'strong evidence' of guilt and does not require a finding of guilt beyond a reasonable doubt." State v. Salinas, 181 Ariz. 104, 106 (1994), quoting State v. Wallace, 151 Ariz. 362, 365 (1986). Further, "Arizona courts have consistently held that it is sufficient that ......