Vienna Convention Archives

F-2018-954

Post author:Staff
Post published:October 10, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. F-2018-954** --- **CHRISTIAN D. MOLINA-SOLORZANO, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Christian D. Molina-Solorzano appeals his Judgment and Sentence from the District Court of Beckham County, Case No. CF-2017-259, for Aggravated Trafficking in Illegal Drugs, in violation of 63 O.S.Supp.2015, § 2-415. The Honorable F. Douglas Haught presided over the non-jury trial, found Molina-Solorzano guilty, and sentenced him to fifteen years imprisonment, $1,000.00 fine, and one year of post-imprisonment supervision. Molina-Solorzano raises the following issues: 1. Ineffective assistance of counsel for failing to challenge the basis for the traffic stop. 2. Ineffective assistance of counsel for failing to inform him of his rights under the Vienna Convention on Consular Relations (VCCR). 3. Entitlement to retroactive application of recent changes in law regarding parole eligibility for aggravated trafficking convictions. **DECISION:** After review, we find relief is not warranted and affirm the district court's Judgment and Sentence. **1. Ineffective Assistance of Counsel: Traffic Stop Challenge** Molina-Solorzano asserts that defense counsel was ineffective by not challenging the validity of the traffic stop, which he claims was based on race discrimination and an inadequate fog light infraction. To succeed on an ineffective assistance claim, Molina-Solorzano must demonstrate: - Counsel's performance was deficient. - The deficiency resulted in prejudice that affected the outcome of the trial. The Fourth Amendment prohibits unreasonable searches and seizures, and a traffic stop is valid if the officer had probable cause or reasonable suspicion of a traffic violation. The record, including video evidence from the traffic stop, supports that the stop was justified due to a fog light infraction. The trooper's testimony confirmed that visibility was over a mile, and thus the use of fog lights constituted a violation under Oklahoma law. Since the stop was justified, Molina-Solorzano cannot establish that counsel's failure to challenge it affected the trial's outcome, denying his ineffective assistance claim. **2. Ineffective Assistance of Counsel: VCCR Rights** Molina-Solorzano also contends that defense counsel failed to inform him of his rights under the VCCR, which would have allowed him to contact the Mexican consulate for assistance. To evaluate this claim, we consider: - Whether he was unaware of his right to contact his consulate. - Whether he would have utilized that right had he known. - Whether the consulate's assistance would have likely aided his defense. The record lacks evidence that Molina-Solorzano was unaware of his rights or that assistance from the consulate would have changed the trial's outcome. Appellate counsel's assertions do not suffice to demonstrate these conditions. Therefore, this claim is also denied. **3. Retroactive Application of Parole Changes** Molina-Solorzano argues that he should benefit from recent legislative proposals reducing parole eligibility terms for aggravated trafficking convictions. However, as legislation is not retroactive unless explicitly stated, and the referenced Senate Bill was never enacted, his claim is moot. **CONCLUSION:** The Judgment and Sentence of the district court is AFFIRMED. The MANDATE is ORDERED issued upon filing of this decision. **APPEARANCES** - Kenny R. Goza, Counsel for Defendant - Debra K. Hampton, Counsel for Appellant - Gina R. Webb, Counsel for State - Mike Hunter, Attorney General of Oklahoma - Joshua R. Fanelli, Assistant Attorney General **OPINION BY:** ROWLAND, J. **Concur in Results:** KUEHN, V.P.J. **Concur:** LUMPKIN, J. **Concur:** HUDSON, J. --- For the full decision, click here: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-954_1734874505.pdf)

C-2005-1

Post author:Staff
Post published:June 28, 2007
Post category:C

In OCCA case No. C-2005-1, Victor Alfonso Duenas-Flores appealed his conviction for first-degree manslaughter. In a published decision, the court decided to grant his appeal, vacate the judgment and sentence, and allow him to withdraw his guilty plea. One judge dissented. Victor Duenas-Flores, who is from Mexico, was involved in a car accident on August 9, 2003, where he crossed the centerline of a highway and hit another car head-on, resulting in the death of the other driver. Duenas-Flores had a high blood alcohol content of 0.21 at the time of the accident. Due to this event, he was charged with first-degree manslaughter. On August 12, 2004, Duenas-Flores pleaded guilty to the charge in court and was sentenced to 45 years in prison. After some time, he wanted to change his plea but the court denied his request. He then took his case to a higher court, claiming that he was not informed about his rights under a treaty that allows foreign nationals to contact their consulate when they are in legal trouble. This lack of information made him feel pressured to plead guilty because he thought he would not have enough resources to defend himself without expert testimony, which he hoped to get help for from the Mexican consulate. The higher court found that the trial court had made an error. Even though it was confirmed that Duenas-Flores was not informed about his consulate rights as required, the trial court ruled that he could not prove that this violation affected his understanding of his guilty plea. The higher court disagreed and said that it was likely that Duenas-Flores would have chosen to go to trial instead of pleading guilty if he had known about his rights, and thus he should be allowed to withdraw his guilty plea. The ruling meant that Duenas-Flores had a chance to defend himself again, and the court did not assess whether his sentence was too long since they granted relief based on the violation of his rights.