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State v. Guerro12/14/1998
{1} Defendant entered an Alford plea to five counts of homicide by vehicle, NMSA 1978, § 66-8-101(A), (C) (1991), one count of great bodily injury by vehicle, § 66-8-101(B), (C), and one count of aggravated driving under the influence of intoxicating liquor or drugs, NMSA 1978, § 66-8-102(D) (1997). He now appeals, claiming that his plea was not voluntarily and intelligently made, that the trial court improperly participated in his plea agreement, and that the trial court erred by failing to hold a plea-withdrawal hearing. We affirm.
BACKGROUND
{2} Defendant was involved in an automobile accident that resulted in the deaths of five people and the serious injury of two others. There was conflicting evidence about the degree to which each of two vehicles contributed to the accident. At the emergency room, Defendant's blood alcohol level tested at 0.27%. Ultimately, Defendant was charged with five counts of homicide by vehicle, two counts of great bodily injury by vehicle, and one count of aggravated driving while intoxicated.
{3} Two days of Defendant's trial proceeded without incident. On the third day, Defendant's interpreter failed to appear. Attempts to locate a replacement that day were unsuccessful. It also became apparent that the original interpreter was not court-certified. After lengthy Discussion, Defendant opted to continue the proceedings until a certified Navajo interpreter could attend.
{4} The proceedings resumed the following day with a court-certified interpreter. This interpreter spoke a slightly different dialect from Defendant's. In order to assure that Defendant and the interpreter could understand each other, the court allowed them to converse prior to the proceedings and the interpreter gave a running translation of the first few minutes of the proceedings. The court asked Defendant if he and the interpreter were able to communicate effectively, and Defendant gave assurances that they were. The court instructed Defendant to seek clarification from his attorney or the interpreter if he did not understand something in the course of the proceedings.
{5} Instead of continuing with the trial, the court next entered into a Discussion of a plea agreement that had been arranged after the close of proceedings the previous day. The Judge had counsel explain the nature of an Alford plea. Counsel stated that it was an assertion of innocence, but an acknowledgment that the State would likely have enough evidence to convict. The trial Judge explained the sentence to Defendant, including the maximum sentence of six years for each vehicular homicide count. He also asked if Defendant's plea was induced by threats or promises, and Defendant answered in the negative. Defendant entered a no-contest plea to seven of the eight charges, with a sentencing cap of fifteen years.
{6} Defendant secured new counsel after the plea change. Defendant filed a motion to withdraw the plea the day before sentencing. He had raised the issue orally ten days earlier at a hearing for a continuance of sentencing. At that prior hearing, the trial court indicated that the withdrawal motion was not timely and would not be considered on the new sentencing date. At the sentencing hearing, the trial Judge again indicated that he would not entertain the plea-withdrawal motion due to the delay in its filing. The trial Judge also stated that he had reviewed the motion and memorandum and that it was not well founded based on his knowledge of the case. The trial Judge did not conduct an evidentiary hearing on the motion.
{7} Defendant was sentenced to imprisonment for fifteen years, the maximum permitted by the plea agreement. Defendant filed a
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