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Rodolfichh v. State10/28/2003
from his guilty plea. This statement certifies that his lawyer explained to Rodolfich the allegations included in the indictment and the possible penalties for the crime. It further states that, based on her knowledge of the client, Rodolfich's guilty plea was made voluntarily and understandingly. Rodolfich clearly knew the nature of the charges against him, the rights he was waiving, and the maximum sentence he could receive.
. The statements Rodolfich signed under oath clearly reflect that Rodolfich was made aware of and understood the possible sentence he would receive. He cannot overcome the presumption of veracity by claiming three years after the plea was entered that he did not understand what he was doing. This is not enough evidence to support Rodolfich's burden of overcoming the presumption of Baker. In fact, Rodolfich never complained about his comprehension of the consequences of his guilty plea until, after violating his probation three times, he was ordered to complete his sentence in jail. Rodolfich's arguments are without merit. The trial court's denial of his post-conviction relief was not clearly erroneous and its decision will be affirmed.
II. DID RODOLFICH HAVE EFFECTIVE ASSISTANCE OF COUNSEL.
. Rodolfich also claims that he did not have effective assistance of counsel. He argues that his lawyer told him that he would receive a two year sentence and that is the reason he pleaded guilty. He claims that his lawyer did not make him aware of the possibility of serving five years. When evaluating claims of ineffective assistance of counsel, this Court applies the standard set out in Strickland v. Washington, 466 U.S. 668, 680 (1984). Under this standard, the claimant must show (1) that counsel's performance was deficient and (2) that the deficient performance was prejudicial to the defendant in the sense that it undermined confidence in the outcome. Wilson v. State, 577 So.2d 394, 396 (Miss.1991). In regards to this second prong, Rodolfich must show that there is a "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694. Where a defendant enters a plea on advice of counsel, the attorney's performance is deemed "deficient" for purposes of the Strickland standard if it falls below "the range of competence demanded of attorneys in criminal cases." Hill v. Lockhart, 474 U.S. 52, 56 (1985), 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.
. Rodolfich's mere allegation that his lawyer was ineffective is not enough evidence to demonstrate that her performance was deficient under Strickland. Furthermore, the record clearly demonstrates that his lawyer did in fact give her client adequate advice and assistance. She signed the form stating that she had advised Rodolfich of the rights he was giving up and the possibility of receiving a five year sentence. In addition to this, Rodolfich agreed at the time of his plea he was satisfied with her performance. Also, Rodolfich has not established that he would have gone to trial if he had been correctly informed. The record shows that he was indeed correctly informed. The trial court's denial of his motion post-conviction relief was not clearly erroneous and its decision will be affirmed.
. THE JUDGMENT OF THE HARRISON COUNTY CIRCUIT COURT DISMISSING MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED. COSTS OF THIS APPEAL ARE ASSESSED TO HARRISON COUNTY.
KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING, MYERS, CHANDLER
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