Page:Gilberto Garza, Jr. v. Idaho.pdf/19

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GARZA v. IDAHO

Thomas, J., dissenting

entered an Alford[1] plea to aggravated assault and pleaded guilty to possession with intent to deliver methamphetamine. Under the terms of the plea agreements, Idaho agreed not to (1) file additional burglary and grand theft charges; (2) refer Garza for federal prosecution on a charge of unlawful possession of ammunition by a felon, see 18 U. S. C. §922(g)(1); or (3) seek a “Persistent violator” sentencing enhancement that would expose Garza to a potential life sentence, see Idaho Code Ann. §19–2514 (2017). In exchange, Garza agreed to “ ‘waiv[e] his right to appeal’ ” and his right to file a motion for correction or reduction of his sentence.[2] Ante, at 2. And both parties agreed to specific sentences totaling 10 years of imprisonment, which would be binding on the District Court if it accepted the plea agreements. See Idaho Crim. Rules 11(f )(1)(C) and (f )(3) (2017) (allowing parties to agree to a binding sentence). Thus, the judge could impose no sentence other than the 10 years for which Garza had
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  1. See North Carolina v. Alford, 400 U. S. 25, 37–38 (1970) (permitting courts to accept guilty pleas where defendants admit that there is a factual basis for the plea, but do not admit actual guilt).
  2. The majority questions the validity of Garza’s appellate waivers by suggesting that “Garza may have been confused as to whether he had waived his appellate rights in the first place.” Ante, at 2, n. 1. I read the record differently. It is true that, in the guilty form related to his possession charge, Garza checked “no” as to whether he was waiving his appeal rights. But, in the guilty form related to his aggravated-assault charge, he checked “yes” to waiving his appeal rights. And at the plea hearing for that offense, he acknowledged under oath that he understood all the questions, had received enough time with the guilty form, and answered each question honestly. He also acknowledged at the sentencing hearing for both offenses that he would be “go[ing] away for ten years,” as negotiated for in the signed plea agreements that included the appeal waivers. Record 131. Finally, the trial court in postconviction proceedings concluded that Garza had never contended “at any stage of these post-conviction cases” that “he did not appreciate or understand the appeal waivers when he entered his pleas.” Id., at 185.