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Hovey v. Superior Court9/11/1990
Petitioner Timothy James Hovey brings this special action seeking relief from the trial court's denial of his motion to dismiss charges brought against him after he had entered a plea agreement. We accept jurisdiction and grant him relief.
FACTS
Hovey was charged with leaving the scene of a fatal accident after he struck and killed a person with his car. He entered into plea discussions with the state. The ensuing agreement stipulated that he would plead guilty to the offense charged, would receive probation and would pay restitution in an amount not to exceed $10,000. The minimum, presumptive and maximum sentences available for fleeing the scene of a fatal accident at the time were .75, 1.5 and 1.875 years, respectively.
Hovey accepted and signed this agreement. The court accepted Hovey's guilty plea at a routine change of plea hearing.
Six weeks later, on August 9, 1989, the state filed a manslaughter indictment against Hovey based on the same conduct recited above. One week later, Hovey appeared in court to be sentenced on his plea for leaving the scene of a fatal accident. The following exchange occurred during this sentencing hearing:
Ms. Williams: Before going forward with sentencing, I'd like to make clear on the record Mr. Hovey is the subject of new charges that have been filed that stem from the same incident, although unrelated as to the elements of the crime, and that he need be aware of those prior to going through with this sentencing. I believe his defense attorney has informed him of those charges and the ramifications that this change of plea may have regarding those new charges.
Mr. Florence: For the record, if the Court wants me to respond, I can respond.
The Court: Well, you're free to respond. I don't know that's necessary.
Mr. Florence: I don't think it's necessary. Your Honor, the plea was made with the County Attorney based upon the fact that they could file more serious charges. Part of our plea negotiations was the fact that they were going to file. Now the County Attorney's office is speaking out both sides of their mouth. It's a matter of double jeopardy. We'd like to proceed at this time.
Hovey was then sentenced pursuant to his plea agreement to one year incarceration followed by a three-year term of probation.
Hovey subsequently brought a motion to dismiss the August 9th manslaughter charge. At a hearing, he maintained that he entered his plea agreement with the understanding that the state would not bring any additional charges against him for the incident to which he pled. Hovey's attorneys, who participated in the plea negotiations, testified that they too understood that the state, in return for the plea, would not bring any further charges against Hovey:
Ms. Bell: I have a note on the file that I spoke to [the prosecutor] on June 8 of 1989. And I told him that based on what -- looking at the discovery and everything, that we would take the deal to plead to the charge. Because he said, "Well, you're not going to get any offers on this case because he did get the deal when we didn't file manslaughter or murder charges on him." And I said I could see what he was talking about and we take the deal, that he would plead to the charge in exchange for no murder charges being filed against him.
My understanding of the deal was that our client would plead to the charge in exchange for the fact that they would not file any new charges on him out of this act.
(Emphasis added.) Even the state lends indirect support to this position. While the prosecutor who handl
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