State v. Alvarado
State v. Alvarado
Opinion of the Court
Opinion
This is an appeal from a judgment of conviction, rendered after the defendant, Jose Antonio Alvarado, pleaded guilty to the charge of manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (1). The defendant claims that the trial court improperly denied his motion to withdraw his guilty plea and that the court should have dismissed his trial counsel and appointed substitute counsel to represent him in conjunction with his motion to withdraw his plea. We affirm the judgment of the trial court.
Arrested and charged with murder, the defendant was represented in the Superior Court by public defender Michael Isko. The record reflects that on September 14, 2010, while jury selection was underway, the defendant entered an Alford
The defendant claims that his motion to withdraw his guilty plea should have been granted because his plea was neither voluntary nor knowing.
“[I]t is axiomatic that unless a plea of guilty is made knowingly and voluntarily, it has been obtained in violation of due process and is therefore voidable. ... A plea of guilty is, in effect, a conviction, the equivalent of a guilty verdict by a jury. ... In choosing to plead guilty, the defendant is waiving several constitutional rights, including his privilege against self-incrimination, his right to trial by jury, and his right to confront his accusers. . . . The . . . constitutional essentials for the acceptance of a plea of guilty are included in our rules and are reflected in Practice Book §§ [39-19 and 39-20].” (Internal quotation marks omitted.) State v. Reid, 277 Conn. 764, 780, 894 A.2d 963 (2006). “We, therefore, require the trial court affirmatively to clarify on the record that the defendant’s guilty plea was made intelligently and voluntarily. ... In order to make a
The defendant claims that his plea was not knowing and voluntary on the ground that he did not have adequate time to consider the state’s plea offer, he did not fully understand the law, his command of English was inadequate, the court should have ordered him to undergo a competency examination before accepting his plea and, finally, the court did not explain the elements of manslaughter in the first degree to him at the time of his plea.
As to the defendant’s claim regarding whether he was given an adequate opportunity to review the state’s offer, the court, Fasano, J., found at the time of the hearing on the defendant’s motion to withdraw his plea that he had been given ample opportunity while the case was pending to either go to trial or to resolve his case by plea agreement. The court specifically found that the defendant’s trial counsel had discussed the
The defendant claims, as well, that the court should have granted his motion to withdraw his plea because he was confused, emotionally upset, unaware of the law and sufficiently unfamiliar with the English language so as to render his plea involuntary and unknowing. Other than the defendant’s assertions at the hearing on his motion to withdraw, the record lends no support to these claims. To the contrary, the record of the September 14,2010 plea canvass reflects that the court carefully canvassed the defendant to ensure that he understood not only what rights he was giving up by his plea, but also that he appreciated, as well, the consequences of his guilty plea. Additionally, at the beginning of the plea canvass and in response to the court’s question, defense counsel indicated that the services of an interpreter would not be required. The record of the colloquy between the court and the defendant during the plea proceedings reflects that the defendant had no difficulty understanding and responding to the court’s questions as they were posed to him. Finally, as to the defendant’s claim that he did not adequately understand the law, the record reflects that the court made the defendant aware, in plain language, of the rights he was giving up by pleading guilty and that the prosecutor’s recitation set forth the factual basis for the court’s acceptance of the defendant’s plea. Thus, other than the defendant’s self-serving claims in this regard, the record is devoid
The defendant further claims that the court should have ordered him to undergo a competency examination before being allowed to plead guilty to manslaughter. As acknowledged by the state: “[T]he guilty plea and subsequent conviction of an accused person who is not legally competent to stand trial violates the due process of law guaranteed by the state and federal constitutions.” State v. Johnson, 253 Conn. 1, 20, 751 A.2d 298, reconsideration denied, 254 Conn. 909, 755 A.2d 880 (2000).
The following additional procedural information is relevant to this claim. The record reflects that on July 2,2008, at the request of the defendant, the court, Dami-ani, J., ordered that he undergo a competency evaluation, and, thereafter, on August 4, 2008, pursuant to a stipulation by counsel, the defendant was found competent to stand trial. Thereafter, neither the defendant, his counsel, nor the prosecution raised any question regarding the defendant’s competency. Furthermore, a review of the colloquy between the defendant and the court, Fasano, J., during the plea canvass on September 14, 2010, fails to reveal any comments by the defendant that should have raised a doubt in the court’s mind regarding the defendant’s competency to proceed. The court has no duty, sua sponte, to order a competency examination for a defendant whose demeanor, comments or other behavior fail to suggest any questions of competency. See State v. Monk, 88 Conn. App. 543, 551, 869 A.2d 1281 (2005).
Finally, the defendant claims that the court should have granted his motion to withdraw the plea on the
“Moreover, [o]ur courts have stopped short of adopting a per se rule that notice of the true nature of the charge always requires the court to give a description of every element of the offense charged. . . . Rather, we have held that, [u]nder Henderson v. Morgan, 426 U.S. 637, 647, 96 S. Ct. 2253, 49 L. Ed. 2d 108 (1976), even without an express statement by the court of the
In conjunction with his motion to withdraw his guilty plea, the defendant also asked the court to discharge his trial counsel and to appoint substitute counsel.
The basis for the defendant’s claim that the court should have dismissed trial counsel appears to be twofold: that counsel was ineffective for not having obtained a copy of the defendant’s hospital record of his admission on April 11, 2008, the date of the incident in question, and, that counsel was burdened with an actual conflict of interest during the hearing on the motion to withdraw.
While, in the present case, defense counsel made factual representations to the court during the hearing on the motion to withdraw the defendant’s guilty plea regarding the timing and extent of his discussions with the defendant that were not supportive of the defendant’s claims that he had not been given adequate time and information on which to decide whether to go to trial or resolve the charge by plea, defense counsel’s representations did not, in fact, contradict the defendant’s factual claims. Moreover, the record of the plea canvass refutes the defendant’s self-serving claims that he did not have an adequate basis in knowledge and was too emotionally upset to be able to knowingly and voluntarily enter a guilty plea. Additionally, and contrary to the defendant’s claim that his counsel was burdened with an actual conflict at the hearing on the motion to withdraw, the record reflects that defense counsel indicated that he was thoroughly prepared and willing to continue his representation of the defendant
Finally, it is apparent from the record, that, in denying the defendant’s motion to withdraw his guilty plea, the court relied, considerably, on the colloquy between the court and the defendant during the plea canvass. In this regard, the court noted: “I’m satisfied the record will reflect in the September 14 proceedings [that] it’s absolutely clear he knew what he was doing, he was pleading voluntarily and of his own free will and was satisfied with the representation he had, to that point.” In denying the defendant’s oral motion to dismiss counsel, the court stated as well: “I’m certainly satisfied that the defendant has been well represented. This is a matter that has been pending for quite a while. There’s been very little in the way of complaint until after the plea. He was given every opportunity along the way to either try his case or consider resolutions of the matter. . . . So, with respect to the motion to withdraw his plea, that motion is denied. The motion to dismiss counsel is denied at this point. I think he should have representation of people who know him and have been through the entire process at the time of sentencing, so I think it’s appropriate that he — that counsel not be dismissed for that purpose.” On the basis of our review of the record, we find no fault with the court’s exercise of discretion to deny the defendant’s motion to dismiss
The judgment is affirmed.
In this opinion the other judges concurred.
Pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970), a defendant may knowingly and voluntarily plead guilty to a charge and consent to the imposition of punishment without being required to admit his or her participation in the criminal conduct underlying the charge.
Although the record reveals that the court received a letter from the defendant and the court commented briefly on the nature of the letter, the letter, itself, was not then made a court exhibit. Nor has the record been rectified to include the letter.
The defendant also argues that his defense counsel should have obtained and utilized the hospital report from the date of the underlying incident, as the report would have shown that the defendant suffered serious injuries in the altercation, information he believed would have been helpful to a self-defense claim and that bears on the validity of his guilty plea. The difficulty with this claim is that the hospital record from the date of the incident has not been made part of the record prior to judgment and, since judgment, the record has not been rectified to include the subject hospital report. See Practice Book § 66-5. Therefore, we have no basis for determining whether the record would have been useful to the defendant and, accordingly, whether counsel should have obtained and utilized the hospital record as part of his representation of the defendant.
This claim is made in addition to the defendant’s unreviewable claim that his counsel failed to obtain and provide him an opportunity to review the hospital record of his treatment on the evening of the incident giving rise to the criminal charge. See footnote 3 of this opinion.
During the plea canvass, the following colloquy took place:
“The Court: Have you had a chance to discuss with your attorney the elements of this charge and the evidence the state claims to have with respect to each element?
“[The Defendant]: Yes, Your Honor.
“The Court: All right. So, you understand the elements and the evidence. Counsel, you’re satisfied the defendant understands the elements of the offense and the evidence the state claims to have in connection with each of the elements?
“[Defense Counsel]: Yes, the evidence the state claims they have.”
During the court’s colloquy with defense counsel, counsel stated: “And so, as a result of that — now, prior to that date, Your Honor, that September 12 date, on August 6, the state approached me about manslaughter — about— we discussed the charge of manslaughter. August 6 was the first day of my vacation. Despite that I had other things to do, I went to the jail and met, no less than two hours, with [the defendant], going over the very elements of the charge of manslaughter, how it fit into this and what the possible outcomes were.”
The record reflects that on November 12, 2010, the defendant stated the following to the court: “I would like to let the court know, Your Honor, that
The defendant did not file motions for the dismissal of counsel or for the appointment of new counsel. Rather, it appears from the record that the defendant orally moved for counsel’s dismissal and the appointment of replacement counsel. The record reflects that at the November 19, 2010 hearing on the defendant’s motion to withdraw his plea, the following colloquy took place:
“The Court: All right. Is there a written motion of any sort?
“The Clerk: No, Judge.
“[The Defendant]: Your Honor, I would like to address the court respectfully, that you allow me to withdraw my plea and dismissal of my counsel, and allow me to obtain new counsel . . . .”
Indeed, at the November 19, 2010 hearing on the defendant’s motions, a department of correction medical report was marked as a court exhibit. This report, however, relates to injuries the defendant received after falling from his bunk at his (then) place of incarceration on April 21, 2008, and not to injuries he may have received on April 11, 2008, the date of the underlying offense.
At one point during the hearing, defense counsel stated: “In terms of being off the hook, we really, as the court is aware, we ordered that forensic testing and — I don’t even want to — I’m not going to go into that because if that ever comes up again there’s a strategic decision that, that could affect. It’s very damaging for him to bring that up.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.