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OGDEN, Utah (AP) -- An inmate serving six years to life for a fatal stabbing contends his attorney never told him of a plea offer by prosecutors and advised him that he did not need an interpreter.
Felipe Ruiz Santana was sentenced in June 2002 -- one month after his attorney, Geoffrey Clark, was sentenced to 30 days in jail for contempt of court.
Both sentences were handed down by 2nd District Judge Ernie Jones and it was Jones who held an evidentiary hearing Tuesday at the order of the Utah Supreme Court.
Santana's appeal is being handled by public defender Sharon Sipes. Jones set a June 11 deadline for Sipes to file briefs in the case and a June 25 deadline for the attorney general's response, after which the judge will issue his findings to be forwarded to the high court.
Santana claims Clark never told him that prosecutors agreed to let him plead guilty to reduced charge of manslaughter, which carries a possible sentence of one to 15 years in prison.
Santana also claims Clark advised him that he did not need a Hispanic interpreter. He said that left him confused about proceedings.
When Santana testified Tuesday, he was assisted by an interpreter.
Assistant Attorney General Chris Ballard said there is evidence that Santana's sister knew of the plea offer but claims she never talked to him about it.
Ballard's witnesses Tuesday, including Clark, said they believed Santana spoke English and recalled him telling the judge that during the trial.
Santana was convicted in the stabbing of Troy Anthony Flores on Jan. 27, 2001. The defense contended that the stabbing was in self defense, but Santana's brother said his brother told him the fight occurred after Flores confronted him about refusing to empty his party host's ashtray and that his brother made no mention of self-defense.
After being cited for contempt, Clark moved to withdraw from the case, saying, "If I was so ineffective my behavior arose to the level of contempt during trial, it stands to reason I can't then represent my client at sentencing."
Jones denied the motion, saying being competent and being in contempt were different things.
Jones had prohibited Clark from mentioning the trace amount of cocaine found in Flores' system, but Clark told jurors that Flores was "hopped up on coke" when he fought with Santana.
He also told the jury the 5-foot-7-inch Santana was 5-foot-2.
The judge also said Clark tore the sweat shirt Santana wore the night of the killing as the lawyer showed it to the jury. Santana had claimed someone grabbed his shirt from behind and tore it slightly. Jones said, "I could hear the stitches on it pop at least twice."
Just last month Clark finished serving 30 days in jail in Davis County for driving under the influence of marijuana. He was arrested again last week on charges of speeding and driving on a revoked license.
(Copyright 2004 by The Associated Press. All Rights Reserved.)
