Lead Opinion
OPINION
This case presents the issue of whether the Minnesota Rules of Evidence apply in a court trial, which was held in accordance with Blakely v. Washington,
I.
In March 2013, the State of Minnesota charged appellant Sanchez-Sanchez with conspiracy to commit a first-degree sale of methamphetamine while a co-conspirator possessed a firearm. See Minn.Stat. §§ 152.021, subd. 1(1), 152.096, subd. 1, 609.101, subd. 3, 609.11 (2014). The charge stemmed from an investigation by the Federal Bureau of Investigation (FBI) of a large interstate methamphetamine trafficking network. The complaint alleged that Sanchez-Sanchez had a leadership role in “La Familia Michoacana,” a Mexican drug cartel that was distributing methamphetamine. Specifically, the State maintained that Sanchez-Sanchez conspired with about 21 other people to sell approximately 17 pounds of methamphetamine.
The complaint detailed Sanchez-Sanchez’s involvement in the conspiracy from May 2010 until March 7, 2012. Sanchez-Sanchez, whose primary residence was in California, rented a house in Brooklyn Park, Minnesota that was used as a “stash house” to store and distribute methamphetamine in Minnesota. Sanchez-Sanchez sometimes stayed at the house and co-directed the methamphetamine distribution. The complaint also documented а series of calls between Sanchez-Sanchez and a co-conspirator that showed that Sanchez-Sanchez arranged and directed the co-conspirator’s pickup of 9.6 pounds of methamphetamine in California for transport to Minnesota.
The State notified Sanchez-Sanchez that it intended to seek an upward durational sentencing departure based on the pres
The State offered Sanchez-Sanchez- a 172-month sentence in exchange for his guilty plea to the charged offense. Sanchez-Sanchez rejected the offer. Instead, in July 2013, Sanchez-Sanchez entered a straight plea to the charge of conspiracy to commit a first-degree controlled substance crime, meaning he pleaded guilty to the offense but did not enter into any agreement regarding sentencing. See State v. Thompson,
At the plea hearing, Sanchez-Sanchez waived his right under Blakely v. Washington,
Without objection, the district court did not apply the Minnesota Rules of Evidence during Sanchez-Sanchez’s Blakely court trial, which allowed the State to present its entire case through a single witness: FBI Special Agent Andrew Mento. Agent Mento was one of the case agents involved in the investigation that resulted in charges against Sanchez-Sanchez and 21 other defendants. During his testimony, Agеnt Mentó recounted how the FBI investigation led to Sanchez-Sanchez. Using wiretaps, the FBI was able to intercept telephone calls between Sanchez-Sanchez and Daniel Samorano, a co-conspirator. The calls were placed while Samorano was in California to pick up drugs to bring back to Minnesota. Agent Mentó testified about the calls in detail and explained how they showed that Sanchez-Sanchez orchestrated Samoranо’s acquisition of a car that was used to transport drugs and cash in a hidden trunk compartment.
According to Agent Mentó, law enforcement stopped Samorano, in Medford, Minnesota. and found approximately 10 pounds of methamphetamine packed in coffee grounds in a hidden compartment in the car that he was driving. Agent Mentó testified that, based on what an expert told him, the sophistication of the hidden compartment was consistent- with “a large-scale Mexican drug trafficking organization” — “La Familia Michoacana.” Agent Mentó estimated that the methamphetamine had a street value of $300,000.
Agent Mentó additionally testified to statements made by lower-level, cooperating co-conspirators, which were received without objection. In those statements, co-conspirators identified Sanchez-Sanchez as having a role at the highest levels of the conspiracy. Agent Mentó then explained how оther evidence, including drug ledgers and bank notes found at the Brooklyn Park home that Sanchez-Sanchez leased, also linked Sanchez-Sanchez to the conspiracy. According to Agent Mentó, the total amount of metharaphet-amine recovered in connection with the investigation was about 16 pounds, which was the equivalent of 36,000 “hits”
On appeal, Sanchez-Sanchez argued, ámong other claims, that the district court committed plain error when it failed to apply the rules of evidence during the Blakely court trial, allowing the admission of “hearsay provided by anonymous informants and other arrestees, and related by FBI [A]gent Mento.” According to Sanchez-Sanchez, Agent Mento’s testimony regarding the out-of-court statements of the cooperating co-conspirators was inadmissible under Minn. R. Evid. 801(d)(2)(E) (explaining the showing required to admit statements made by a co-conspirator in furtherance of the conspiracy as non-hearsay). ' Sanchez-Sanchez therеfore claimed that; “virtually all of Agent' Mento’s testimony should have been inadmissible at the sentencing hearing,” and the district court plainly erred by relying on it.
The court of appeals held that the district court did not err by admitting the hearsay testimony. State v. Sanchez-Sanchez, No. A14-0584,
II.
Minnesota Rule of Evidence 1101 governs the application of the rules of evidence to actions and proceedings in Minnesota. The Rule reads, in relevant part;
(a) Except as otherwise provided in subdivision (b), these rules apply to all actions and proceedings in the courts of this state.
*329 (b) Rules inapplicable. The rules other than those with respect to privileges do not apply in the following situations:
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(3) Miscellaneous proceedings. Proceedings for extradition or rendition; probable cause hearings; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release oh bail or otherwise.
Minn. R. Evid. 1101 (emphasis added). The question, therefore, is whether a Blakely court trial qualifies as “sentencing” under Minn. R. Evid. 1101(b)(3). We review the interpretation and application of the rules of evidence de novo. See State v. Stone,
In State v. Rodriguez,
In Rodriguez, we held that the Minnesota Rules of Evidence apply in “jury sentencing trials.” Id. at 683-84. Our analysis hinged on the plain language of the rule: “Under the plain language of Minn. R. Evid. 1101(a), the rules of evidence apply in jury sentencing trials, which are not listed as an exception in Minn. R. Evid. 1101(b).” Id. at 683. We therefore drew a distinction between a '“sentencing,” as contemplated when Minn. R. Evid.. 1101 was adopted in 1977, and.a “jury sentencing trial,” which developed from Apprendi v. New Jersey,
Here, the court of appeals determined that “[t]he rules of evidence do- not apply at a sentencing proceeding without a jury.” Sanchez-Sanehez,
Although we did not explicitly state that the Minnesota Rules of Evidence applied to Blakely court trials in Rodriguez, our decision should not be read as intentionally cabining the application of the rules of evidence to only Blakely jury trials. As we recognized in Rodriguez and as Sanchez-Sanchez argues here, there is a substantive difference between an ordinary sentencing hearing following a trial or a guilty plea and a sentencing trial where adjudicatory facts are determined. See Rodriguez, 754 N.W.2d at .684 n. 8. At the time of its adoption, Rule 1101 equated “sentencing” with a sentencing hearing. See id.- At a sentencing hearing, counsel for each party tries to, persuade the district сourt why a particular sentence is appropriate. See Presentencing Hearing,
The same reasoning that we relied on in Rodriguez applies here. Sentencing, as used in Minn. R. Evid. 1101(b)(3), excludes Blakely jury trials and Blakely court trials. Therefore, under Minn. R. Evid. 1101(a), the Minnesota Rules of Evidence apply to all Blakely trials, whether before a judge or a jury.
The State argues that this interpretation of Rule 1101(b)(3) is absurd because it renders the word “sеntencing” superfluous. We disagree. The word “sentencing” is not superfluous because it still refers to the proceeding at which a judge listens to the parties’ sentencing arguments; considers all the relevant facts, including the special verdicts returned at an earlier Blakely trial; and then announces the sentence.
In sum, regardless of whether a judge or a jury serves as the trier of fact at a sentencing trial to determine whether aggravated sentencing factors exist, the term “sentencing” as used in Minn. R. Evid. 1101 does not include such a trial, whether it is conducted befоre a judge or jury. We therefore hold that the Minnesota Rules of Evidence apply to a Blakely court trial.
III.
Having determined that the Minnesota Rules of Evidence apply to a Blakely court trial, we must next decide whether the district court’s unobjected-to failure to apply the rules of evidence during Sanchez-Sanehez’s Blakely court trial constitutes an error that is plain. A “plain” error is an error that is “clear or obvious” at the time of appeal. State v. Peltier,
Sanchez-Sanchez argues that the error was plain because Rodriguez made it clear and obvious that the “sentencing” exemption in Minn. R. Evid. 1101(b)(3) does not apply to Blakely sentencing trials. We disagree.
Rodriguez held that the Minnesota Rules of Evidence apply to “sentencing jury trials” and made no mention of sentencing court trials. Because we did not explicitly reference sentencing court trials, lower courts read our opinion as narrowly applying the rules of evidence to only Blakely jury trials, not Blakely court trials. Although the lower courts’ narrow interpretation of Rodriguez was ultimately incorrect, it was not clearly or obviously
In Milton, we considered the district court’s unobjected-to failure to fully instruct the jury on the issue of aiding and abetting.
Our reasoning in Milton applies with equal' force here. Until today, we had never clearly required district courts to apply the rales of evidence in a Blakely court trial. Consequently, we cannot say that the district court’s unobjected-to failure to apply the rules of evidence in this case constitutes a clear or obvious error. We therefore conclude that, although the district court erred, the error was not plain.
In sum, we hold that the lower courts erred when they concluded that the - Minnesota Rules of Evidence did not apply to Sanchez-Sanchez’s Blakely court trial. However, because there was no objection and the error was not plain, we affirm the court of appeals’ decision as modified by this opinion.
Affirmed as modified.'
Notes
. Agent Mento’s testimony suggested that a "hit” is equivalent to about 0.2 grams, of methamphetamine, which is the amount he expected a typical user to purchase for his or her use.
. "Under the plain-error doctrine, the appellant must show that there was (1) an error; (2) that is plain; and (3) the error must affect [the appellant's] substantial rights.” State v. Kelley,
. To the extent Sanchez-Sanchez argues that the district court’s admission of the hearsay-based testimony violates the Confrontation Clause, that argument is not properly before us. Sanchez-Sanchez did not raise that issue in his petition for review, and we granted review only as to the issue of whether the rules of evidence apply to Blakely court trials. See State v. Garcia-Gutierrez,
. Having concluded that the error was not • plain, we need not consider the remaining prongs of the plain-error test.
Concurrence Opinion
(concurring in part, dissenting in part).
I join in Part II of the court’s opinion, which holds that the Minnesota Rules of Evidence apply to Blakely court trials. But I disagree with the court’s decision in Part III, which holds that the district court’s unobjected-to failure to apply the rales of evidence did not constitute an error that was plain. In my view, our analysis in State v. Rodriguez,
I.
Sanchez-Sanchez did not object to the district court’s failure to apply the rules of evidence during his Blakely court trial. He has, therefore, forfeited any claim based on the failure to apply those rules unless he can show that there was (1) an error, (2) that was plain, and (3) that affected his substantial rights. See State v. Kelley,
II.
“An error is plain if it is clear or obvious at the time of appeal.” State v. Peltier,
In my view, our analysis in Rodriguez leaves no doubt that the rules of evidence apply to all sentencing trials mandated by Blakely.
III.
Having concluded that Sanchez-Sanchez has established an error that was plain, I next .consider whether the error affected his substantial rights.. An error affects a defendant’s substantial rights when “the error was prejudicial and affected the outcome of the case.” State v. Little,
During the Blakely court trial, the State presented its case through a single wit
In sum, much of the State’s evidence would have been inadmissible had the rules of evidence been applied at Sanchez-Sanchez’s Blakely court trial. Based on my careful review of the record, I conclude that there is a reasonable likelihood that the district court’s unobjected-to failure to apply the rules of evidence had a significant effect on the outcome of the proceedings.
IV.
Having concluded that the plain error impacted Sanchez-Sanehez’s substantial rights, I next consider whether the error seriously affected the fairness, integrity, or public, reputation of judicial proceedings. As we explained in Bustos, a plain error affecting a defendant’s substantial rights, without more, is insufficient to warrant a new trial.
the district court’s errors regarding the proof-beyond-a-reasonable-doubt standard and the past-pattern jury instruction not only significantly affected Bus-tos’s trial, but left unchecked would also have a substantial and deleterious effect on future trials (and, not insignificantly, undercuts the historic standard of proof imposed on the State in criminal trials).
For these reasons, I would reverse ;the sentence and remand to the district court for a new Blakely trial. I respectfully dissent from Part III of the court’s opinion. ,
. The absence of any doubt distinguishes this case from State v. Milton, in which we held that the jury-instruction error was not plain because we had "not yet clearly required district courts to include a specific explanation of the ‘intentionally adding’ element until today.”
Dissenting Opinion
(dissenting).
I join in the concurrence and dissent of Justice Anderson.