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Bilbo v. State9/7/2004
Ct. 366, quoted in Wilson, 577 So.2d at 396. A defendant who pleads guilty to a crime is "prejudiced" by his counsel's erroneous advice if "he would have insisted on going to trial if he had been correctly informed." Wilson, 577 So.2d at 396.
10. Bilbo argues that his attorney advised him that should he proceed to trial, he could receive a sentence of life without parole. Mississippi Code Annotated Section 99-19-83 provides that every person convicted of a felony in this state who has been twice previously convicted of a felony and has been sentenced to and served separate terms of one year or more, whether in this state or another state, and where any one of the felonies was a crime of violence "shall be sentenced to life imprisonment, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation." Miss.Code Ann. Sec. 99-19-83 (Rev.2000). Bilbo has two prior felony convictions, one for burglary and larceny and another for armed robbery. The order denying Bilbo's petition for post-conviction relief clearly states that the indictment "listed the Petitioner's previous DUI charges and his two previous felony convictions." Additionally, during his guilty plea, Judge Montgomery questioned Bilbo about the felonies, and Bilbo acknowledged that the two prior convictions were correct. Bilbo has failed to show that his attorney's advice and performance meet the Strickland test. The advice was not erroneous, and Bilbo has failed to show any prejudice resulting from such advice.
11. Bilbo also argues that his attorney "did not investigate or represent Appellant to her best, except get the Appellant a plea." Bilbo has failed to present a scintilla of evidence that his attorney's performance was deficient and that this deficiency resulted in prejudice to him. Bilbo's vast accusation that his attorney "did not investigate or represent Appellant to her best" falls short of the requirements set forth in Strickland. This Court finds that this assignment of error lacks merit.
12. THE JUDGMENT OF THE LOWNDES COUNTY CIRCUIT COURT DENYING POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO LOWNDES COUNTY.
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