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Woods v. State5/19/1998
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On January 18, 1996, the district court granted Crow funds to hire an expert accident reconstructionist to prepare for Woods' trial. According to Crow, she told Woods that she could not find any expert who was able to rebut Stout's Conclusions. On August 13, 1996, following negotiations, Woods entered into a written plea bargain with the State wherein he agreed to plead guilty to two counts of felony DUI: Count I-- DUI causing the death of Costa and Roberts; and Count II--DUI causing substantial bodily harm to Richards and Zamberlan.
On August 14, 1996, the district court accepted Woods' change of plea. Prior to canvassing Woods, the district court noted that the defense had employed an accident reconstructionist, a biodynamics engineer to assist in placing people in the Dodge, and a third expert, referred to by Crow, who had taken samples from the Dodge and who had "check the seat belts." In the presence of Woods and his family, the district court inquired as to whether Crow had been given adequate resources to fully investigate Woods' case. Crow responded in the affirmative, stating that she had conferred with several experts and Woods' family, and indicated that Woods and his family were fully aware of the extent of her investigative efforts.
The court then reviewed the two counts of the third amended complaint with Woods and asked him various questions. The court went through various provisions of the plea memorandum, explained the elements of each crime, and advised Woods that the State would have to prove each element beyond a reasonable doubt before Woods could be convicted at trial. The court also inquired as to whether Woods had been satisfied with his representation by Crow, to which Woods responded affirmatively. The dialogue with Woods continued:
COURT: Now, have you had an opportunity to your satisfaction to discuss with your attorneys the possible defenses that may be imposed on these charges if you were to go to trial?
WOODS: Yes, sir.
COURT: In light of that Discussion and information which has been provided to you, do you feel this negotiated plea is the best thing for you to do, all things considered?
WOODS: Yes, sir.
Continuing the canvass, the court reviewed the ranges of punishment and fines, and told Woods that probation would not be available. Woods indicated that he understood that the four counts had been combined into two and that the State could ask for up to fifteen years' imprisonment on each count to run consecutively or concurrently. The court asked Woods if he understood that he waived specific constitutional rights by pleading guilty and reviewed those rights. Woods indicated that he understood each of the rights discussed by the court:
COURT: Mr. Woods, is there anything about any of these rights you do not understand that you would like to question me further about?
WOODS: No, sir.
COURT: Knowing you have those rights, do you still wish to voluntarily waive them and ask me to accept your plea of guilty to th charge ?
WOODS: Yes, sir.
COURT: Before you signed [the plea memorandum], did you have an opportunity to read it thoroughly and discuss its entire contents with your attorney?
WOODS: Yes, sir.
COURT: Mr. Woods, do you have any other questions about this process that has taken place to date that you would like to ask me about?
WOODS: No, sir.
COURT: Do you still request then that I accept your guilty pleas to those two charges and vacate the trial scheduled for next Monday?
WOODS: Yes, sir.
COURT: I'll accept the plea
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