Opinion
No. 11–P–1021.
2012-06-27
COMMONWEALTH v. Antonio AVILEZ.
By the Court (CYPHER, HANLON & CARHART, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
In October, 2000, the defendant, Antonio Avilez, pleaded guilty to multiple charges of sexualized violence involving a child under sixteen as well as kidnapping and firearms offenses. On February 22, 2011, the defendant moved to withdraw his guilty pleas. The motion was denied. The defendant then moved for an evidentiary hearing. That motion was also denied. The defendant appeals, arguing that (1) his attorney at the plea hearing was ineffective, for a variety of reasons, rendering his guilty plea involuntary, and (2) the motion judge abused his discretion by denying the defendant's motion without the benefit of the transcript. We conclude, for substantially the reasons set forth in the motion judge's order, and as amplified by the Commonwealth's brief, that the contemporaneous record of the plea demonstrates that the defendant's plea was intelligent and voluntary and that the defendant has not come forward with a credible reason to withdraw the plea that outweighs the risk of prejudice to the Commonwealth. We also conclude for essentially the same reasons that the judge did not abuse his discretion by denying the motion for an evidentiary hearing because the defendant has not made a credible and substantial showing that a substantial issue exists warranting such a hearing.
The orders denying the defendant's motion to withdraw his guilty pleas on indictment nos. 2000–00685, 2000–00686, 2000–00687, 2000–00688, 2000–00690, 2000–00691, and 2000–00693 are affirmed.