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[T] Timmons v. State9/23/2003
nd intelligently entered the plea. Absent clear and convincing evidence to the contrary, Timmons is bound by the representations he made at the time the plea was entered. To the extent Timmons' claims implicate events that occurred prior to the entry of the plea, his voluntary guilty plea serves as a waiver of any such claims.
(7) In order for Timmons to prevail on his final claim of ineffective assistance of counsel, he must show that his counsel's representation fell below an objective standard of reasonableness and that, but for his counsel's unprofessional errors, there is a reasonable probability that the outcome of the proceedings would have been different. In order to prevail on his claim that his counsel was ineffective in connection with the entry of his guilty plea, Timmons must show that, but for his counsel's unprofessional errors, he would not have pleaded guilty but would have insisted on proceeding to trial.
(8) Timmons' claim of ineffective assistance of counsel is without merit. In exchange for Timmons' guilty plea, the State dismissed two serious felony charges against him, thereby providing him with a substantial benefit. There is no evidence that, but for errors on the part of his counsel, Timmons would not have pleaded guilty but would have insisted on proceeding to trial. There is, moreover, no evidence in the record that any action on the part of Timmons' counsel, either in connection with the guilty plea or otherwise, resulted in prejudice to Timmons.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
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