501 P.3d 1205
Utah Ct. App.2021Background
- Gonzalez had been sentenced for domestic violence criminal trespass and a five-year protective order barred any direct or indirect contact with Nina and her daughter.
- About six weeks later Nina saw Gonzalez follow her from a bus stop, later found him parked ~240 feet from her home, and he spoke to her from his vehicle; she called police and the State charged Gonzalez with violating the protective order.
- The trial court granted Gonzalez’s pretrial motion excluding evidence of the earlier domestic-violence conviction and related hearing.
- Despite that ruling, defense counsel stipulated to admission of a heavily redacted transcript of the sentencing hearing; the transcript nonetheless contained multiple references to “sentencing” and “sentencing protective orders.”
- The jury convicted Gonzalez of violating the protective order; he appealed, arguing counsel was ineffective for failing to fully redact references to the earlier conviction.
- The Court of Appeals assumed deficient performance but held Gonzalez could not show prejudice from the incomplete redactions and therefore affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel rendered ineffective assistance by stipulating to a partly unredacted transcript | Gonzalez: counsel should have ensured all references to the prior domestic-violence sentencing were redacted | State: any such error was non-prejudicial because the charge and other transcript language made the inference inevitable | Court: assumed deficiency but no prejudice; affirmed conviction |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established the two‑prong ineffective assistance test)
- State v. Scott, 462 P.3d 350 (Utah 2020) (application of Strickland in Utah)
- State v. Beckering, 346 P.3d 672 (Utah Ct. App. 2015) (ineffective-assistance standard on first appellate review)
- Honie v. State, 342 P.3d 182 (Utah 2014) (either Strickland prong may be dispositive)
- State v. Munguia, 253 P.3d 1082 (Utah 2011) (prejudice must be a demonstrable reality)
- Layton City v. Carr, 336 P.3d 587 (Utah Ct. App. 2014) (standard for reciting facts in light most favorable to verdict)
- State v. Ashcraft, 349 P.3d 664 (Utah 2015) (jury may draw reasonable inferences)
- State v. Labrum, 318 P.3d 1151 (Utah Ct. App. 2014) (prior domestic-violence history can affect credibility)