Torres v. State
2011 R.I. LEXIS 63
| R.I. | 2011Background
- Torres was charged in 2003 with possession with intent to deliver heroin, and later charged in a separate indictment with murder and related drug-delivery counts in connection with a heroin overdose death linked to a drug distributor.
- Torres pled guilty to amended counts in 2004: possession with intent to deliver and manslaughter for the murder charge; sentences were 30 years each, concurrent, with 11 years to serve and 19 suspended.
- Torres challenged the grand jury indictment as defective for allegedly charging a nonexistent crime (felony murder based on drug distribution) and argued the plea did not moot this defect.
- Torres argued the indictment failed to state an offense, and that the plea did not bar review of a pre-plea constitutional infirmity.
- The Superior Court denied relief, and Torres appealed, arguing the indictment was inherently flawed and not waived by his guilty plea; the Rhode Island Supreme Court affirmed.
- The court assumed, for purposes of argument, that a defect in the indictment could be raised, but held that Torres waived non-jurisdictional defects by pleading guilty and that the indictment was valid on its face.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment charging murder was invalid on its face. | Torres argues felony murder cannot be based on drug distribution without direct victim involvement. | State contends the indictment plainly charged a valid crime under Rhode Island law. | Indictment valid on its face; not inherently defective. |
| Whether Torres waived the pre-plea challenge by pleading guilty to amended manslaughter. | Torres maintains plea did not waive a jurisdictional challenge to the indictment. | State argues guilty plea generally waives pre-plea constitutional claims. | Waiver applies; but pre-plea unwaivable claims must be considered; here the indictment was valid and waiver applied. |
| Whether drug-distribution can be the predicate felony for felony murder under Rhode Island law. | Torres contends drug-distribution predicate cannot support felony murder in his circumstances. | State argues drug-distribution can be the predicate felony for felony murder under § 11-23-1. | Drug-distribution can support felony murder; indictment valid; Hinton distinguishable. |
| Whether the plea colloquy and counsel effectiveness affected the postconviction relief outcome. | Torres contends ineffective assistance and improper advice undermined the plea. | State asserts plea was voluntary and counsel effective; no reversal needed. | Court found no reversible error; voluntariness and effective representation supported denial of relief. |
| Whether the record supports review of the pre-plea constitutional issue despite the plea. | Torres seeks review of indictment sufficiency and potential constitutional defects. | State contends review is barred by waiver and lack of jurisdictional defect. | Indictment did not fail to charge an offense; review limited by waiver. |
Key Cases Cited
- In re Hinton, 100 P.3d 801 (Wash. 2004) (limited discussion on predicate felonies; later changed by statute)
- State v. Concannon, 457 A.2d 1350 (R.I. 1983) (indictment sufficient absent obvious defect; jurisdiction hinges on allegations)
- State v. Tower, 984 A.2d 40 (R.I. 2009) (subject-matter jurisdiction hinges on allegations in the complaint, not proof at trial)
- Miguel v. State, 774 A.2d 19 (R.I.2001) (plea waives pre-plea constitutional claims except unwaivable issues; focus on plea advisement and voluntariness)
- United States v. Broce, 488 U.S. 563 (U.S. 1989) (plea of guilty generally waives assertion of defenses and rights prior to plea)
- Columbia v. Dufresne, 436 A.2d 720 (R.I. 1981) (principle that pre-plea constitutional rights are waived by guilty plea)
- State v. DelBonis, 862 A.2d 760 (R.I. 2004) (jurisdictional questions tied to charging documents; sufficiency of indictment)