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State v. Marty7/26/1990
In this case we hold that a defendant can be guilty of manslaughter by supplying drugs and alcohol to the driver of a vehicle who subsequently dies in an accident.
This appeal was filed in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Defendant raised two arguable issues on appeal:
1) Whether there was a sufficient factual basis to support defendant's guilty plea to the charge of reckless manslaughter;
2) Whether there was a sufficient factual basis to establish defendant was represented by counsel or waived his right to counsel for the prior conviction used to enhance the reckless manslaughter charge.
Because this case presents the question whether a defendant can be guilty of manslaughter by supplying drugs and alcohol to the driver of the vehicle who subsequently dies in an accident, we ordered the state to file an answering brief and the defendant to file a reply brief. The parties have done so, addressing this issue.
PROCEDURAL HISTORY
The defendant was charged with three counts of transfer of a dangerous drug, one count of theft, and one count of second degree murder. The state alleged that defendant had a prior New Mexico conviction that the defendant had committed the present offenses while on probation for that conviction, and that the state would use the present charges as Hannah priors. State v. Hannah, 126 Ariz. 575, 617 P.2d 527 (1980). Then, pursuant to a plea agreement, defendant agreed to plead guilty to one count of manslaughter, a class three felony and violation of A.R.S. § 13-1103(A)(1), and to one count of theft, a class four felony and violation of A.R.S. § 13-1802(A)(1). He also admitted the prior New Mexico felony conviction. The defendant was sentenced to an aggravated term of fifteen years in prison on the manslaughter charge and a presumptive term of six years on the theft charge. The court ordered the terms to be served consecutively.
FACTS
On July 28, 1987, the defendant was arrested by Eagar, Arizona police officers. He was fingerprinted and released, but his car was impounded. Sometime in the next five or six days, the defendant made contact with a sixteen-year-old named Santiago Nuanez, Jr., and arranged to sell Nuanez some LSD. Around noon on August 2, 1987, Nuanez arrived in his car at Ronald Williams' house. The defendant was already in the car with Nuanez. The three went to Springerville to purchase some auto parts. Nuanez and Williams went into the store; the defendant stayed in the
car. In the store, Nuanez told Williams that the defendant had given him a "hit of acid." The three then drove to a store where the defendant, the only one of drinking age, purchased a large quantity of beer with Williams' money which they all began to drink while driving around. The trio proceeded to Billy Murray's house to see if Murray had any marijuana. He did, and they all smoked it, in the car, with a pipe supplied by the defendant. They then drove to a lake and consumed the rest of the beer. Upon leaving the lake, the defendant purchased another 12-pack and quart of beer which they all drank. They dropped Murray off and the defendant purchased two more six-packs of beer. At this point, Nuanez drove to the Circle K in Eagar where the defendant exited, went behind the store, and returned with what he said was acid (LSD). They drove to another lake and drank the rest of the beer. While still at the lake, the
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