State v. Valdez-Mendoza
2011 MT 214
| Mont. | 2011Background
- Valdez-Mendoza was charged with sexual intercourse without consent and unlawful transactions with children.
- Attorney Copenhaver replaced his original counsel on April 9, 2009; trial was rescheduled multiple times.
- Copenhaver filed motions to suppress evidence and for change of venue; the court denied both.
- A series of pretrial motions and discovery issues occurred, including discovery requests, DNA evidence, and a motion to dismiss for speedy trial; the court ultimately continued the trial date.
- Valdez-Mendoza pled guilty on January 29, 2010 to sexual assault in exchange for dismissal of the other count; he signed an acknowledgement of rights and the court accepted the plea.
- After plea, Valdez-Mendoza sought new counsel and later moved to withdraw the plea; the district court denied the withdrawal, and Valdez-Mendoza was sentenced to 10 years with parole ineligibility contingent on treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in denying withdrawal of plea. | Valdez-Mendoza argues counsel induced plea by suggesting unfair trial due to race. | Valdez-Mendoza contends the plea was involuntary due to counsel's influence and failure to investigate; good cause to withdraw. | Yes; order to withdraw plea reversed. |
Key Cases Cited
- State v. McFarlane, 341 Mont. 166 (2008 MT 18) (good cause to withdraw plea includes involuntariness and ineffective assistance)
- State v. Warclub, 327 Mont. 352 (2005 MT 149) (good cause includes other reasons beyond involuntariness)
- State v. Andrews, 357 Mont. 52 (2010 MT 154) (post-plea change in law does not automatically constitute good cause)
- State v. Ferris, 358 Mont. 244 (2010 MT 252) (post-plea change in law not necessarily good cause)
- State v. Thee, 307 Mont. 450 (2001 MT 294) (counsel's candid assessment of circumstances may not induce plea loss of rights)
- State v. Tyler, 349 Mont. 461 (2009 MT 75) (de novo review of voluntariness of plea)
- Thomas v. Lockhart, 738 F.2d 304 (8th Cir. 1984) (ineffective assistance and coercion in race-based case voids plea)