State v. Chavez
1 CA-CR 15-0482-PRPC
| Ariz. Ct. App. | Nov 16, 2017Background
- Chavez was indicted for first-degree murder, robbery, and trafficking in stolen property after a victim died while clinging to a vehicle that fled following a laptop theft.
- Chavez pleaded guilty to second-degree murder (Class 1 dangerous felony) and was sentenced to the presumptive 16-year term (within the 10–22 year range for second-degree murder).
- Chavez timely filed a notice of post-conviction relief and submitted a pro se PCR petition after appointed Rule 32 counsel filed a notice of completion.
- The superior court denied Chavez’s PCR petition; he sought review in the court of appeals.
- Chavez raised ineffective-assistance-of-counsel claims (failure to investigate/mitigate; deficient plea negotiation performance) and argued the superior court abused its discretion in imposing the presumptive sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to investigate/present mitigating evidence at sentencing | Chavez: counsel did not obtain/present additional evidence of mitigating circumstances | Respondent: court already considered Chavez’s claimed mitigators and sentenced on his version of events; additional evidence would not change outcome | Denied — Chavez did not show prejudice; court found no reasonable probability result would differ |
| Ineffective assistance — plea negotiations | Chavez: counsel failed to present evidence to State that might have produced a better offer or different charge | Respondent: speculative; Chavez does not allege counsel gave erroneous advice or withheld information necessary for an informed plea decision | Denied — speculative injury insufficient; no showing of deficient advice or lack of information |
| Sentencing abuse of discretion | Chavez: superior court abused its discretion by imposing presumptive sentence | Respondent: sentencing challenge was not raised in the superior court PCR petition | Not addressed on review — issue forfeited for failure to raise below |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
- State v. Nash, 143 Ariz. 392 (1985) (Arizona adoption of Strickland standard)
- State v. Salazar, 146 Ariz. 540 (1985) (no need to resolve performance prong when prejudice not shown)
- State v. Donald, 198 Ariz. 406 (App. 2000) (standards for ineffective assistance during plea negotiations)
- State v. Jackson, 209 Ariz. 13 (App. 2004) (speculation about hypothetical plea offers is insufficient to show prejudice)
- State v. Bortz, 169 Ariz. 575 (App. 1991) (issues not raised below cannot be raised on review)
- State v. Wagstaff, 161 Ariz. 66 (App. 1988) (same)
- State v. Ramirez, 126 Ariz. 464 (App. 1980) (same)