358 P.3d 1124
Utah Ct. App.2015Background
- Utah Court of Appeals memorandum decision 2015 UT App 212, case No. 20140008-CA, involving Joseph Lee Apadaca.
- Defendant was charged with two counts of aggravated robbery and a firearm possession charge for two robberies: Kim's Fashions and Baskin Robbins.
- Prosecutor's conduct tainted eyewitnesses; mistrial granted; defense later proposed a plea deal to two second-degree robberies with concurrent sentencing.
- New judge sentenced Apadaca to two concurrent 1-to-15 year terms, concurrent with Idaho life sentence; defense waived rights in plea affidavit.
- State moved to dismiss Kim's Fashions conviction and correct the sentence record to reflect only Baskin Robbins; order entered dismissing Kim's Fashions conviction.
- Apadaca later challenged allocution and sought Manning relief to reinstate appeal time; trial court and appellate court addressed timeliness and waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allocution rights at sentencing violation | Apadaca asserts denial of allocution and ineffective counsel. | State argues no allocution error and untimely appeal forecloses review. | No allocution violation; sentence not illegal; lack of jurisdiction due to untimely appeal. |
| Manning relief to reinstate appeal time | Apadaca seeks reinstatement of time to appeal dismissal of Kim's Fashions conviction. | State contends Manning relief denied; waiver and lack of prejudice defeat relief. | Authority to review Manning motion exists, but denial affirmed; waiver of appeal rights found; no prejudice shown. |
Key Cases Cited
- State v. Brooks, 908 P.2d 856 (Utah 1995) (rule 22(e) permits correction of illegal sentence)
- State v. Samora, ⟨not provided⟩ (Utah 2004) (allocution may be corrected under 22(e))
- State v. Graziano, 333 P.3d 366 (Utah App. 2014) (affirms affirmative opportunity to allocute required)
- State v. Wanosik, 79 P.3d 937 (Utah 2003) (court must raise allocution; simple invitation suffices)
- Bowers v. State, 57 P.3d 1065 (Utah 2002) (jurisdictional deadline for appeal is strict)
- Manning v. State, 122 P.3d 628 (Utah 2005) (set forth standard for reinstating appeal time)
- State v. Collins, 342 P.3d 789 (Utah 2014) (reinstatement requires prejudice and meaningful deprivation)
- State v. Kabor, 295 P.3d 193 (Utah App. 2013) (waiver and timeliness analyze Manning relief)
- State v. Milligan, 287 P.3d 1 (Utah App. 2012) (no right to appear for clerical correction of sentence)
- State v. Rodrigues, 218 P.3d 610 (Utah 2009) (presence allocution not required for clerical corrections)