1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 48904

STATE OF IDAHO

,

Plaintiff

- Respondent

,

v.

PETER FRANKLIN GOULLETTE

,

Defendant

- Appellant

. )

)

)

)

)

)

)

)

)

) Filed: November 7, 2022

Melanie Gagnepain, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner

County. Hon. Barbara A. Buchanan , District Judge.

Judgment of conviction for felony vehicular manslaughter, affirmed

.

Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds

, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Justin R. Porter , Deputy Attorney

General, Boise, for respondent.

________________________________________________

GRATTON, Judge

Peter Franklin Goulle tte appeals from his judgment of conviction for felony vehicular

manslaughter. Goullette alleges the district court erred by failing to ensure there was a strong

factual basis for his Alford 1 plea

, and failed to inquire after there was obvious doubt as to his guilt

during sentencing. The State responds the record supports that there was a strong factual basis for

the plea

, and that contradicting evidence do es not suggest obvious doubt as to guilt during

sente ncing. The district court did not err because the record shows there is a strong factual basis

for Goullette’s plea and Goullette did not provide information that showed obvious doubt of his

guilt. The judgment of conviction for felony vehicular manslaug hter is affirmed.

1 North Carolina v. Alford, 400 U.S. 25, (1970).2 I.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2016, Goullette was driving with his minor child in the backseat. Goullette struck

two pedestrians, killing one and injuring the other. Goullette admitted to responding officers that

he was looking to wards the back seat of his vehicle immediately before the collision. The State

charged Goullette with felony vehicular manslaughter, alleging Goullette drove in “a grossly

negligent manner” by exce eding the posted speed limit (twenty

- five miles per hour), exceeding a

reasonable and prudent speed, failing to maintain visual contact with the roadway, and failing to

exercise due care to avoid colliding with a pedestrian. The State also charged Goullette wit h

misdemeanor reckless driving

.

In April 2018, the district court held a change of plea hearing. Goullette intended to plead

guilty to both counts pursuant to Alford , with open sentenc ing recommendations by the parties

. 2

During the change of plea hearing

, there was no discussion about the actua l fact s which form ed

the basis for Goullette’s guilty plea. Instead, the district court acknowledged this was an Alford

plea and confirmed with Goullette that by pleading guilty he agreed there was a strong factual

basis to support the guilty plea. The d istrict court then accepted Goullette’s guilty plea.

Prior to sentencing, Goullette filed an accident reconstruction report with the district court

.

During sentencing, t he district court reported having reviewed the updated presentence

investigation report (PSI) and Goullette’s accident reconstruction report. T he surviving victim

provided a victim impact statement and then the prosecutor stated : “Your Honor, I can’t say any

more than [the victim] just said. What I can do is summarize that in one ph rase. A lack of

conscience.” Next, Goullette’s counsel argued there was no malice or criminal intent and stated :

“ [ W ] e don ’ t agree that this is gross negligence.” Without discussing the nature of the collision

,

the district court sentenced Goullette. The j udgment of conviction was entered and Goullette’s

counsel withdrew as counsel of record without filing a notice of appeal or motion pursuant to Idaho

Criminal Rule 35.

In June 2019, Goullette filed a pro se petition for post

- conviction relief arguing ineffective

assistance of trial counsel. The district court granted the State’s summary disposition

, and

Goullette appealed to this Court. See Goullette v. State

, Docket No. 47576 (Ct. App. March 3,

2 Goullette pled guilty to two counts but is only challenging his plea to felony vehicular

mansl aughter on appeal. Therefore, we will only reference the one guilty plea.3

2021) (unpublished) . This Court determined the distric t court erred and remanded the case. On

remand, t he district court concluded Goullette was denied his constitutional right to effective

assistance of counsel at a critical stage in the proceedings. Goullette’s judgment of conviction was

vacated and re

- en tered to allow him to seek direct appellate review. Goullette timely appealed.

II.

STANDARD OF REVIEW

Whether to accept a defendant’s guilty plea is reviewed for an abuse of discretion. Schoger

v. State , 148 Idaho 622, 627 , 226 P.3d 1269, 1274 (2010); State v. Jones , 129 Idaho 471, 474, 926

P.2d 1318, 1321 (Ct. App. 1996). When a trial court’s discretionary decision is reviewed on

appeal, the appellate court conducts a multi

- tiered inquiry to determine whether the trial court:

(1) correctly perceived the issue as one of discretion; (2) acted within the boundaries of such

discretion; (3) acted consistently with any legal standards applicable to the specific choices before

it; and (4) reached its decision by an exercise of reason. State v. Herrera , 164 Idaho 261, 270, 429

P.3d 149, 158 (2018).

III.

ANALYSIS

Goullette pr esents two issues on appeal. First, he argues the district court erred by

accepting his Alford plea without finding a strong factual basis for the plea. Second, he ar gues the

district co urt erred at sentencing when the court failed to inquire about the factual basis of the plea

after being presented with information that raised an obvious doubt as to his guilt.

A. Alford Plea

Goullet t e argues the district court erred by not expressly finding a strong factual basis for

the plea prior to accepting Goullette’s Alford plea. The State contends that first, Goullette invite d

any error ; second, the record before the district court provided sufficient evidence of a st rong

factual basis for the plea ; and

, l astly, the State argues the finding of a strong factual basis was

implicit in the district court’s acceptance of Goullette’s plea.

Prefatorily, we note that in Idaho there is no general obligation to inquire into the factual

basis of a plea. State v. Coffin

, 104 Idaho 543, 546, 661 P.2d 328

, 331 (1983). However, such an

inquiry should be made if a plea of guilty is coupled with an assertion of innocence or

, if the court

receives information before sentencing raising an obvious doubt as to guilt. Schmidt v. State

, 103

Idaho 340, 345, 647 P.2d 796 , 802 (Ct. App. 1982). It is well settled that if a defendant pleads4

guilty while denying a particular element of the offense, such as intent, the plea nevertheless may

be accepted if there is a strong factual basis for the plea

. Sparrow v. State

, 102 Idaho 60, 61, 625

P.2d 414

, 415 (1981)

.

A strong factual basis need not be established by proof beyond a reasonable doubt

. A

guilty plea is not the occasion for a mini

- trial of the case. Rather, the object of ascertaining a

factual basis is to ensure that the defendant ’ s plea is made knowingly, intelligently

, and

volunta rily. See, e.g., North Carolina v. Alford

, 400 U.S. 25 (1970).

By determining that a strong factual basis for the plea exists, the trial court ensures

that the defendant is pleading guilty because he believes that the state could, and

more likely than not would, prove the charges against him beyond a reasonable

doubt; and thus the defendant is entering the plea knowingly and voluntarily

because he believes it to be in his best interests to do so, despite his continued

assertion of innocence.

S tate v. Ramirez , 122 Idaho 830, 834, 839 P.2d 1244, 1248 (Ct. App. 1992)

.

Prior to entry of his plea, Goul l ette signed a guilty plea advisory form indicating that he

intended to plead guilty to both counts , with open sentencing recommendations by the parties . In

the pretrial settlement agreement, the State agreed to dismiss counts in other cases in exchange for

Goullette’s guilty plea in this case. Goullette signed an Alford plea acknowledgement form, in

which Goullette’s initial s appear next to the stateme nt, “That there exists a strong factu al basis for

the guilty plea.”

Goullette claims it was err for the district court to ask Goullette whether there was a strong

factual basis for the plea but not also conduct ing its own inquiry . The following exchange occurred

during the change of plea hearing:

Court: And you’ re entering what ’ s called an Alford plea. An Alford plea, by

doing this you ’ re agreeing that there ’ s a strong factual basis to support

a guilty plea. And you’ re asking the Court to enter the plea for you so

that you can take advantage of the offer that the state has made in all

of your pending cases, is that true?

Goullette: Yes, ma’ am.

Court: A nd you understand that when you’ re sentenced, e ven though you

haven ’ t said you’ re absolutely guilty and entered the guilty plea,

you ’ ll be sentenced by me as if you pled guilty?

Goullette: Yes, ma’ am.

Court: Do you want to go forward today and enter what is called an Alford

plea to the charge of vehicular manslaughter?

Goullette: Yes, ma’ am.

Court: And al so to the charge of reckless driving?

Goullette: Yes, ma’ am.5

Court : I will accept your pleas, enter them pursuant to the North Carolina v

.

Alford decision, find that they are knowingly and voluntarily made

with a full understanding of the potential consequences.

Goullette argu es that the district court was required to conduct an independent inquiry of

the factual basis for the plea at the change of plea hearing. The language used in our prior cases

is that “such an inquiry should be made if a plea of guilty is coupled with an assertion of

innocence.” Schmidt , 103 Idaho at 345, 647 P.2d at 802 (emphasis added)

. Therefore, even though

it is preferr ed for the lower courts to make express factual findings during the plea, it is not

absolutely required because an Alford plea “ may be accepted if there is a strong factual basis for

it.” Sparrow

, 102 Idaho at 61, 625 P.2d at 415 (emphasis added)

. Accordingly, even though the

strong factual basis may not have to be expressly found upon independent inquiry into the facts

during the plea, it must exist to ensure the plea is knowing and voluntary.

I n Ramirez , 12 2 Idaho at 833, 839 P.2d at 1247, the appellant claimed it was manifestly

unjust for the lower court to deny his request to withdraw his guilty plea because the trial court

failed to determine whether there was a factual basis for the plea. This Court said, “ [i] n

determining whether a fac tual basis for a guilty plea exists, we look to the entire record before the

trial judge at the time the plea was accepted.” Id. at 834, 839 P.2d at 1248. We noted that the trial

judge who accepted Ramirez’s guilty plea was not the same judge who preside d over the

preliminary hearing, and there was no indication the trial judge had received or reviewed the

preliminary hearing transcript. Id. Yet, based solely on a brief statement of facts made by

Ramirez’s counsel during the plea and the acknowledgement of a factual basis for the plea by

counsel 3 (as opposed to the defendant himself , as here)

, this Court concluded that the trial judge

did “ ascertain that there was a strong factual basis for the plea

, and that Ramirez did enter his plea

knowingly and voluntarily. ” 4 Id. We cannot say that a contrary result obtains here.

There are significant similarities between Ramirez and this case. First, a s in Ramirez

,

Goullette note s that the judge who accepted his Alford plea was not the same judge who presided

over the probable cause or preliminary hearing s

. Second, in both cases the trial judge may no t

3 The trial judge inquired, “Are you satisfied there is a factual basis to support a plea

of guilty to this charge?” to which counsel replied, “Yes, Your Honor.” S tate v. Ramirez

, 122 Idaho 830, 834, 839 P.2d 1244, 1248 (Ct. App. 1992).

4 The Ramirez Court also pointed out that other charges were dismissed. The same is true

here.6

express findings regarding the factual basis for the plea. Third, w hile Ramirez’s counsel

acknowledged some of the underlying facts and that there was a factual basis for the plea, here,

Goullette himself twice acknowledged a strong factual basis for his plea

. Fourth, l ike in Ramirez

,

t he district court here ascertain ed there was a str ong factual basis for the plea when it elicited

acknowledgment from Goullette that there existed a strong factual basis.

In Ramirez

, this C ourt acknowledged that determining that a strong factual basis for the

plea exists ensures that the plea is entered knowingly and voluntarily. Id

. In this case, Goullette

acknowledged that his plea w as entered knowingly and voluntarily and that the distr ict court found

that the plea was entered knowingly and voluntarily

. Moreover, Goullette makes no claim that his

plea was not knowingly and voluntarily entered but

, instead, simply claims that the district court

should have ensured that evidence of the fa ctual basis ha d been placed on the record at the change

of plea hearing (despite his admissions that it existed) and such evidence expressly acknowledged

by the district court. 5

In this case, the record as acknowledge d by Goullette demonstrates a strong factual basis

for the plea

. As a result, we affirm Goullette’s judgment of conviction for felony vehicular

manslaughter.

B. Sentencing

Goullette argues the district court erred when the court failed to inquire about the factual

basis for the plea at sentencing because Goullette’s accident reconstruction report raised obvious

doubt as to guilt.

A [court has an] obligation to conduct such an inquiry if

- after a plea is entered but

before sentence is imposed

- the court receives information raising an obvious doubt

as to whether the defendant is in fact guilty. In such circumstances, the trial court

should inquire into the factual basis of th e plea, either to dispel the doubt or to allow

the defendant to plead anew.

Schmidt , 103 Idaho at 345, 647 P.2d at 801.

5 Goullette argues the district court erred through a procedural oversight but fails to explain

how this truly effected his guilty plea or caused harm to his substantial rights. Even assuming

error, no t all I .C.R. 11 violations invalidate a guilty plea

. Idaho Criminal Rule 52 provide s, “[a] ny

error, defect, irregularity or variance which does not affect substantial rights shall be

disregarded.” We have previously recognized that some technical violations of I.C.R. 11(c) do

not rise to th e level of manifest injustice. See Nellsch v. State

, 122 Idaho 426, 432, 835 P.2d 661,

667 (Ct. App. 1992); accord United States v. Timmreck , 441 U.S. 780, 784

- 85 (1979).7

Goullette contends the accident reconstruction report he filed with the district court prior

to sentencing raised an obvious doubt as to his guilt. 6 Goullette’s report concluded : the heavy

braking skid marks near the site of impact were not made by Goullette’s vehicle; Goullette’s speed

was 26.5 miles per hour at the time of the collision (speed limit twenty

- five miles per hour ) ;

Goullette did not have time to avoid the collision ; and the pedestrians who were struck were n ot

in compliance with Idaho law

-- walking southbound in the southbound lane. Goullette argues that

this report contradicts the allegation that he was driving gros sly negligent when he hit the

pedestrians. Furthermore, Goullette finds it important that his trial attorney told the district court

they did not agree he was grossly negligent.

Goullette was aware of the contents of the Skelton report before he entered his guilty plea.

If the report raised an obvious doubt as to guilt, Gou l lette could have rejected the plea agreement

and taken the case to trial. Goullette chose not to do that. Instead, he entered a guilty plea to the

charges and despite the contents of the report, testified under oath that there was a strong factual

basis for his guilty plea. Goullette notes the district court stated she reviewed his accident

reconstruc tion report and the updated PSI, but this wa s the same judge from the change of pl ea

hearing , not the judge who presided over the probable cause or preliminary hearings. As a result,

Goullette argues the only evidence the district court had was his accident reconstruction report and

his attorney’s denial he was grossly negligent

, which raised obvious doubt as to guilt of felony

vehicular manslaughter. That is not entirely true. The district court also had Goul l ette’s own

testimony that there was a strong factual basis for his guilty plea made after Goul l ette knew about

the contents of the report. Thus, Goul l ette’s plea negated any alleged doubt the report may have

cast upon his plea.

The State responds that the record available to the district court, including court minutes

,

establish Goullette drove in a grossly negligent manner by exceeding the speed limit, by exceeding a

reasonable and prudent speed under the conditions, by failing to maintain visual contact with the

roadway ahead of his moving vehicle, and by failing to exercise due care before he struck the

pedestrians. The Sta te argues that conflicting evidence does not rise to the level of obvious doubt and

6 T he Skelton r eport was provided to the State, but not the district court, about two months before

Goullette pled guilty.8

there remains evidence of grossly negligent driving that Goullette’s accident reconstruction report does

not contradict. 7

We agree with the State. The preliminary court minutes establish that Goullette was not

looking at the road immediately prior to the collision. After the collision, Goullette admitted to an

officer that he had not been looking at the road , distracted by his child who was in the back seat

. A

witness reported prior to the collision, Goullette drove rapidly and crossed over the centerline while he

appeared to have his head down rather than on the road. Moreover , contradictory information provided

by Goullette would be grounds for a factfind er but does not immediately suggest obvious doubt as to

guilt.

Lastly, Goullette’s trial attorney’s denial of gross negligence is not significant . First, the

district court was aware Goullette denied gross negligence; it is precisely why Goullette chose an

Alford plea. Second, the denial of gross negligence was not an attempt to show obvious doubt as to

guilt because Goul l ette entered his plea after the report had been disclosed to the State and the trial

attorney thereafter never asked for a withdrawal of the guilty plea or for the district court to reconsider

the factual findings for the plea. Instead, the denial of gross negligence was for mitigation purposes at

sentencing. Overall, t he accident reconstruction report and trial attorney’s denial of g ross negligence

did not provide obvious doubt of guilt. For that reason, the district court did not err during sentencing.

IV.

CONCLUSION

A strong factual basis for Goullette’s guilty plea was ascertained and supported by the

entire record. Goullette did not provide information that raised obvious doubt as to his guilt during

his sentencing hearing. Accordingly, Goullette’s judgment of conviction for felony vehicular

manslaughter is affirmed.

Judge HUSKEY and Judge BRAILSFORD CONCUR

.

7 We note t he State asserts that this issue was not preserved. The State points out that for the

first time on appeal, Goullette claims that the district court abused its discretion by failing to inquire

into the factual basis for his plea during the sentencing h ear ing in light of the Skelton r eport and his

trial counsel’s denial of gross negligence. First , when filing the Skelton r eport with the district court

prior to sentencing, Gou l lette noted that it was “for the Court[ ’ s] consideration at sentencing.” Second

, during the sentencing hearing, Goullette’s counsel referenced the Skelton r eport only for mitigation,

not to claim obvious doubt of guilt or to ask for further factual inquiry from the district court or plead

anew. Finally, Goullette has made no responsi ve argument that the claim is preserved. While the issue

is not preserved in the traditional sense, we will address the merits of the claim.