Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Garcia v. State

Supreme Court of North Dakota

April 11, 2019

Barry C. Garcia, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

          Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wade L. Webb, Judge.

          John R. Mills (argued), San Franciso, CA, and Samuel A. Gereszek (appeared), East Grand Forks, MN, for petitioner and appellant.

          Birch P. Burdick, Fargo, ND, for respondent and appellee.

          Todd E. Zimmerman, Benjamin J. Hasbrouck, and Aubrey J. Fiebelkorn-Zuger, Fargo, ND, for amicus curiae The Promise of Justice Initiative.

          S. Bradley Perkins and Namrata Kotwani, San Francisco, CA, for amicus curiae The Promise of Justice Initiative.

          OPINION

          JENSEN, JUSTICE.

         [¶1] Barry Garcia appeals from a district court order denying his request for a new trial and determining N.D.C.C. § 12.1-32-13.1 does not apply to his criminal sentence. We affirm the order of the district court denying Garcia's request for a new trial and determining N.D.C.C. § 12.1-32-13.1 is not applicable to his sentence.

         I.

         [¶2] In 1996, Garcia was found guilty of the offense of murder, committed while he was a juvenile, and he was sentenced to life imprisonment without parole. Garcia's sentence was affirmed on appeal. State v. Garcia, 1997 ND 60, 561 N.W.2d 599.

         [¶3] In 2016, Garcia filed a petition for post-conviction relief arguing that imposing a sentence of life without parole on a juvenile violated the constitutional standards set forth by the United States Supreme Court in Miller v. Alabama, 567 U.S. 460 (2012) and Montgomery v. Louisiana, 136 S.Ct. 718 (2016). The district court denied his petition and Garcia appealed. See Garcia v. State, 2017 ND 263, ¶ 10, 903 N.W.2d 503.

         [¶4] While Garcia's appeal was pending, the North Dakota legislature passed HB 1195, which was enacted on April 17, 2017 as N.D.C.C. § 12.1-32-13.1 and effective August 1, 2017. Garcia, 2017 ND 263, ¶ 32, 903 N.W.2d 503. Section 12.1-32-13.1, N.D.C.C., allows juvenile offenders who have been in state custody for more than twenty years to seek relief from their sentence. Sentencing relief under N.D.C.C. § 12.1-32-13.1 requires consideration of the factors set forth in Miller and Montgomery. Garcia requested this Court to either rule on the applicability of the provision or remand the issue to the district court. Garcia, at ¶ 30. This Court declined to rule on Garcia's request to apply N.D.C.C. § 12.1-32-13.1 because it had not been raised in the district court, and ruled without remanding the issue to the district court. Id. at ¶ 31.

         [¶5] Following the appeal of the 2016 denial of post-conviction relief, Garcia filed a motion for a new trial in the district court. The court found that a motion for a new trial was not the correct vehicle for requesting relief under N.D.C.C. § 12.1-32-13.1, but pursuant to the consent of both parties, agreed to consider whether N.D.C.C. § 12.1-32-13.1 applied to Garcia. After a hearing, the court issued an order denying the motion for a new trial and finding N.D.C.C. § 12.1-32-13.1 does not apply to Garcia. On appeal, Garcia argues the court erred in finding N.D.C.C. § 12.1-32-13.1 is not applicable to him.

         II.

         [¶6] Garcia initially framed this matter as a motion for post-conviction relief asserting the enactment of N.D.C.C. § 12.1-32-13.1 was newly discovered evidence. "We review post-conviction relief applications based on newly discovered evidence as a motion for a new trial based on newly discovered evidence under N.D.R.Crim.P. 33." Kovalevich v. State, 2018 ND 184, ¶ 5, 915 N.W.2d 644. To prevail on a motion for a new trial on the basis of newly discovered evidence under N.D.R.Crim.P. 33, the defendant must show: (1) the evidence was discovered after trial, (2) the failure to learn about the evidence at the time of trial was not the result of the defendant's lack of diligence, (3) the newly discovered evidence is material to the issues at trial, and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal. Id. (citations omitted). A district court's ruling on a motion for new trial is subject to the abuse of discretion standard of review. Id. The enactment of N.D.C.C. ยง ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.