State v. Trujillo-Martinez
Decision Date | 07 June 1991 |
Docket Number | TRUJILLO-MARTINE,D,No. 900464-CA,900464-CA |
Parties | STATE of Utah, Plaintiff and Appellee, v. Josafatefendant and Appellant. |
Court | Utah Court of Appeals |
Stephen R. McCaughey (argued), Hatch & McCaughey, Salt Lake City, for defendant and appellant.
R. Paul Van Dam, State Atty. Gen., Judith S.H. Atherton (argued), Asst. Atty. Gen., for the State.
Before BENCH, GARFF and RUSSON, JJ.
Josafat Trujillo-Martinez appeals from an order denying his motion to withdraw his guilty plea. We affirm.
On August 30, 1988, Josafat Trujillo-Martinez (Martinez) was charged with aggravated sexual assault, a first degree felony, in violation of Utah Code Ann. § 76-5-405 (1990), and aggravated kidnapping, a first degree felony, in violation of Utah Code Ann. § 76-5-302 (1990). On October 26, 1988, Martinez pleaded guilty to rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402 (1990), and was sentenced to serve five years to life in the Utah State Prison.
At the hearing on his plea, Martinez was represented by Solomon J. Chacon, an attorney who speaks both English and Spanish fluently. 1 Chacon informed the court that Martinez understood a little bit of English, and, at the court's request and with Martinez's approval, Chacon agreed to translate for Martinez. The following colloquy ensued:
Martinez presents the following issue on appeal: did the trial court err in denying Martinez's motion for withdrawal of his guilty plea and holding that the said plea was knowingly and voluntarily made in compliance with Rule 11?
We will not disturb a trial court's determination that a defendant has failed to show good cause for withdrawal of a guilty plea unless it clearly appears that the trial court abused its discretion. State v. Mildenhall, 747 P.2d 422, 424 (Utah 1987); State v. Forsyth, 560 P.2d 337, 339 (Utah 1977). It is an abuse of discretion to refuse to allow a defendant to withdraw a guilty plea which was not made in strict compliance with Rule 11. State v. Gibbons, 740 P.2d 1309, 1312-14 (Utah 1987).
In the case at bar, Martinez contends that the trial judge did not meet strict compliance with Rule 11 because he failed to specifically inquire during the colloquy as to Martinez's understanding of the nature and elements of his charge, or as to whether he understood the minimum and maximum sentences which could be imposed. We disagree.
In State v. Gibbons, 740 P.2d 1309, 1312 (Utah 1987), the Utah Supreme Court placed upon the trial judge the burden of ensuring strict compliance with Rule 11. Subsequently, in State v. Smith, 777 P.2d 464 (Utah 1989), the Utah Supreme Court clarified the Gibbons rule, stating:
In order for defendant's guilty plea to be valid and in compliance with rule 11(e)(5) of the Utah Rules of Criminal Procedure and State v. Gibbons, the record must show that he was unequivocably [sic] and clearly informed about the sentence that would be imposed. Such evidence does not exist either in the affidavit regarding the plea bargain or in the transcript of the guilty plea. Thus, rule 11(e) and State v. Gibbons require the vacating of defendant's guilty plea on the ground that it was not knowingly and voluntarily made.
Id. at 466 (emphasis added).
Although Gibbons does require that Rule 11 be strictly complied with, it does not hold that the trial court must, in every case, perform a verbatim recitation of each and every statement made in the defendant's affidavit. In fact, Smith explicitly held that "the record," not the colloquy alone, must establish that Rule 11 was complied with. Id. Recently, another panel of this court on facts similar to the present case also concluded that "we examine the affidavit and colloquy together to determine whether a plea of guilty ... has been entered in strict compliance with Rule 11." State v. Smith, 812 P.2d 470, 476 (Utah App.1991). See also State v. Valencia, 776 P.2d 1332, 1335 (Utah App.1989) (per curiam) ("When an affidavit is used to
evidence defendant's knowledge and willingness to plead guilty, the trial court's examination of defendant regarding the affidavit's contents should be sufficiently detailed and extensive to provide a factual basis to conclude from defendant's responses that his decision was knowing and voluntary."); State v. Smith, 812 P.2d at 481-82 (Russon, J., concurring) ( ). But see State v. Pharris, 798 P.2d 772, 777 (Utah App.), cert. denied, 804 P.2d 1232 (Utah 1990) ( ). Therefore, we must turn our attention to whether the affidavit and colloquy in concert establish Martinez's knowing and voluntary consent.
As noted above, Martinez's affidavit strictly complied with all of the elements of Rule 11. The threshold question therefore is whether Martinez understood that document when he signed it.
Martinez's own testimony at the colloquy evidences that he knowingly signed his affidavit. When questioned by the trial judge, he indicated that he had reviewed the affidavit with his attorney, that he understood the contents of that document, that by signing it he was pleading guilty, and that he wished to sign the document.
Also, the testimony of Martinez's attorney, Solomon J. Chacon, at the hearing on Martinez's motion to withdraw his guilty plea, supports the trial court's ruling that Martinez was fully informed as to the contents of the affidavit which he signed. Chacon testified that "[o]n the date in question when he entered his plea, Mr. Trujillo-Martinez and I went out in the hallway and I reviewed the document with him." And further, Explanation of the technical legal wording of the affidavit by a competent defense counsel, who is fluent in a defendant's native language, is of great benefit. When done in addition to a rigid verbatim translation of the document, the paraphrasing only increases the likelihood that the defendant understands what he is signing. Additionally, Chacon testified that he discussed the potential punishment with...
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