363 P.3d 552
Utah Ct. App.2015Background
- Gomez was convicted in Utah district court on three counts of aggravated sexual abuse of a child, a first-degree felony, and the convictions were affirmed.
- Appellate counsel filed a hybrid brief: one standard issue and two Anders issues deemed frivolous.
- Anders issues claimed trial counsel was ineffective for insufficient preparation and for failing to cross-examine the children's mother about prompting false accusations.
- The standard-brief issue argued the district court plainly erred by asking for clarification of the younger child's testimony, potentially aiding the State.
- The trial involved an older child describing in-shower acts by Gomez and a younger child describing similar acts; after lunch, the younger child clarified that her buttocks touched Gomez's private; a mistrial motion was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the district court’s clarification question plain error or neutrality violation? | Gomez argues the judge’s question signaled to the State a defect. | State contends the question was within the court’s discretion and not prejudicial. | No plain error; affirmed. |
| Was trial counsel ineffective for not timely objecting to the judge’s question (alternative plain-error claim)? | Gomez asserts ineffective assistance for failing to object. | State argues no prejudice given total evidence establishing the element. | No relief; affirmed. |
Key Cases Cited
- Beck, 2007 UT 60 (Utah 2007) (discretionary limits on trial-court questioning; not violated where questioning remained within bounds)
- Mellen, 583 P.2d 46 (Utah 1978) (trial judge may question witnesses to clarify the evidence)
- Flores, 855 P.2d 258 (Utah Ct. App. 1993) (Anders-like briefing requires demonstrating frivolous issues)
