Jose L. Garcia v. State of Rhode Island. , 91 A.3d 359 ( 2014 )

Supreme Court
No. 2014-34-Appeal.
Jose L. Garcia :
v. :
State of Rhode Island. :
ORDER
This case is before the Supreme Court on appeal by the applicant, Jose L. Garcia,
from an order denying his application for postconviction relief. On July 11, 1995, the
applicant was sentenced, after a jury trial, to six terms of life imprisonment, two of those
terms without the possibility of parole, upon conviction for multiple counts of arson,
conspiracy to commit arson, and felony murder in connection with the deaths of six
family members in an arson fire in Providence that was set by the applicant. His
convictions were affirmed by this Court in State v. Garcia, 743 A.2d 1038 (R.I. 2000). In
2000, the applicant filed an application for postconviction relief that was heard and
summarily denied by a justice of the Superior Court on July 24, 2013, after his court-
appointed counsel was permitted to withdraw following the filing of a memorandum in
accordance with Shatney v. State, 755 A.2d 130 (R.I. 2000). After posing several
questions to the applicant, the trial justice concluded that the claim rested on allegations
of ineffective assistance of appellate counsel and declared that he would not “assess and
decide whether or not counsel for [the applicant] in another forum, namely the Supreme
Court,” effectively represented the applicant. The trial justice thereupon dismissed the
application.
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The state has filed a confession of error in this case, based on the trial justice’s
failure to advise the applicant of the court’s intention to summarily dismiss the
application and without providing the applicant with a meaningful opportunity to respond
to the proposed dismissal, as required by G.L. 1956 § 10-9.1-6 and this Court’s decision
in Campbell v. State, 56 A.3d 448 (R.I. 2012).
Based on the state’s confession of error and our careful review of the papers in
this case, the Court accepts the confession of error with respect to the manner in which
this case was decided in the Superior Court. We vacate the judgment, which dismissed
the application for postconviction relief. We remand this case to the Superior Court for a
new hearing in which the applicant shall be afforded the assistance of counsel.
Accordingly, the judgment denying postconviction relief entered in the Superior
Court is vacated, and the case is remanded to the Superior Court for further proceedings
consistent with this order.
Entered as an Order of this Court, this 6th day of May, 2014.
By Order,
_____________/s/_______________
Clerk
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RHODE ISLAND SUPREME COURT CLERK’S OFFICE
Clerk’s Office Order/Opinion Cover Sheet
TITLE OF CASE: Jose Garcia v. State of Rhode Island.
CASE NO: No. 2014-34-Appeal.
COURT: Supreme Court
DATE ORDER FILED: May 6, 2014
JUSTICES: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
WRITTEN BY: N/A – Court Order
SOURCE OF APPEAL: Providence County Superior Court
JUDGE FROM LOWER COURT:
Associate Justice Robert D. Krause
ATTORNEYS ON APPEAL:
For Applicant: Jose Garcia, Pro Se
For State: Christopher R. Bush
Department of Attorney General