Opinion
RE: #9909019686(R1). SBI #00308180.
June 26, 2002.
RE: #9909019686(R1)
Dear Mr. Rogers:
On May 20, 2002, the Court received your Motion for Postconviction Relief. I have reviewed your Motion, joined together with that of your brother and co-defendant, Jermaine G. Rogers, this Court's file, and a transcript of the guilty plea. Your application for Postconviction Relief is denied.
In the fall of 1999, you were indicted for three counts of robbery in the first degree, multiple counts of possession of a deadly weapon during the commission of a felony, multiple counts of possession of a deadly weapon by a person prohibited, multiple counts of conspiracy, criminal mischief, criminal impersonation, and possession of a firearm with a removed, obliterated or altered serial number.
You pled guilty to two counts of robbery in the first degree, two counts of possession of a deadly weapon during the commission of a felony, one charge of possession of a firearm by a person prohibited, one charge of possession of a weapon with no serial number, and a conspiracy count. With the benefit of a Presentence investigation, you were sentenced to a period of 19 years at Level V followed by probation.
The grounds you allege are all based in ineffective assistance of counsel. Specifically you allege that your attorney failed to provide you with his knowledge and abilities, and that his lack of diligence and effort "amounted to a sell-out". You allege that your goals and objectives were not that of your lawyer because of his lack of diligence in your case. Finally, you allege that your attorney spent insufficient time in making you aware of vital things which were important about your Christopher Rogers Page 2 June 26, 2002 case and which were important for you to make the decision as to whether or not to plead guilty. I note that while worded slightly different, these accusations basically mirror those filed by your brother, Jermaine, concerning his attorney.
There are no procedural bars under Rule 61 to this application because this is your first claim which has been filed within three years from the date of your conviction and it is based in ineffective assistance of counsel, a claim that can only be brought on Postconviction application.
Since your claim is based in ineffective assistance of counsel, the Court is guided by Strickland v. Washington, 466 U.S. 688 (1984). You must establish two things in order to be successful. You must show that your attorney's representation fell below an objective standard of reasonableness. In other words, you must show that your attorney made errors which fell below an objective standard. The second thing you must prove is that your attorney's errors actually prejudiced you, or in other words but for the errors, the result would have been different. Since your conviction was the result of a guilty plea, you must show that you would not have pled guilty and insisted on going to trial, but for the errors of your attorney which prejudiced you. Albury v. State, Del. Supr., 551 A.2d 53 (1988).
You have failed to meet the aforementioned legal standard. Your allegations are general and conclusory. They are insufficient to form a basis that your lawyer was ineffective, i.e., that he made specific mistakes or errors in the preparation or lack of preparation of your case.
Furthermore, you are bound by your answers provided to the Court under oath when your plea was offered in the absence of clear and convincing evidence to the contrary. Somerville v. State, Del. Supr., 703 A.2d 629 (1997). You understood the sentence range was 11 years, minimum mandatory, up to 90 years incarceration. You reported to me that you were satisfied with your attorney; had no complaints concerning him, and had had enough time to talk with him about your case. You also reported that neither your attorney nor anyone else was forcing you to enter the pleas. I reviewed fully your constitutional rights trial, including the right to a jury trial, noting that you had selected a jury that morning but were waiving your right to proceed and desired to enter the plea.
You advised that you could understood the guilty plea form, had reviewed it with your attorney and had filled it in accurately. You acknowledged your guilt to each of the offenses to which you pled guilty. I asked you if you had thought about this and whether or not this was your personal decision and you reported "yes".
In light of this record and in light of the conclusory nature of the allegations, I find that your complaint concerning your attorney being ineffective is without merit and your application is denied. You have neither shown any shortcomings in your attorney's performance nor have you shown any prejudice. Christopher Rogers Page 3 June 26, 2002
Defendant's Motion for Postconviction Relief is denied.
IT IS SO ORDERED.