Opinion
No. 359, 2002
Submitted: September 6, 2002
Decided: September 27, 2002
Court Below-Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN00-04-0208R1 IN00-04-0210R1
Affirmed.
Unpublished opinion is below.
RONNIE D. WILMER, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 359, 2002 In the Supreme Court of the State of Delaware. Submitted: September 6, 2002 Decided: September 27, 2002
Before WALSH, HOLLAND and BERGER, Justices
ORDER
Randy J. Holland, Justice
This 27th day of September 2002, upon consideration of the briefs on appeal and the record below, it appears to the Court that:
(1) The defendant-appellant, Ronnie D. Wilmer, filed an appeal from the Superior Court's June 19, 2002 order denying his motion for postconviction relief pursuant to Superior Court Criminal Rule 61. We find no merit to the appeal. Accordingly, we AFFIRM.
(2) In July 2000, Wilmer pleaded guilty to Possession of Cocaine (as a lesser-included offense of Possession with Intent to Deliver Cocaine),
Pursuant to SUPER. CT. CRIM. R. 11(e)(1) (C).
Maintaining a Dwelling for Keeping Controlled Substances, and a violation of probation ("VOP"). In August 2000, Wilmer was sentenced to a total of 10 years incarceration at Level V, to be suspended after 7 years for decreasing levels of probation. Wilmer did not appeal his convictions or sentences.
(3) In his appeal, Wilmer claims that his counsel provided ineffective assistance by a) failing to inform him about the basis for the State's case, investigate the facts, or meet or communicate with him about the case, b) re-scheduling the VOP hearing repeatedly and c) waiving his constitutional right to a preliminary hearing.
(4) The burden of demonstrating ineffective assistance of counsel is on the party asserting it. Where the claim arises in the context of a guilty plea, the defendant must show that "there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial."
MacDonald v. State, 778 A.2d 1064, 1075 (Del. 2001) (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)).
(5) Wilmer has provided no factual support for his claim of ineffective assistance of counsel. His plea to simple Possession of Cocaine provided him a substantial benefit since a conviction of Possession with Intent to Deliver Cocaine would have made him eligible for habitual offender status and a possible life sentence. Moreover, the signed plea agreement and Truth-in-Sentencing forms reflect that Wilmer was satisfied with his counsel's representation at the hearing and that his guilty plea was voluntarily entered. In the absence of clear and convincing evidence to the contrary, Wilmer is bound by those representations.
DEL. CODE ANN. tit. 11 Del. C. § 4214(b).
Somerville v. State, 703 A.2d 629, 632 (Del. 1997).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.