Kirby v. State
Kirby v. State
Opinion
Scott Gerald Kirby was indicted for theft, second degree, in violation of §
On September 22, 1989, the court denied the appellant's motion to be treated as a youthful offender.
On September 25, 1989, a hearing was held in which the appellant entered a guilty plea. Prior to accepting the guilty plea, the trial judge asked the appellant: (1) whether he understood the rights that he was relinquishing by pleading guilty; (2) whether he discussed with his attorney concerning entering a guilty plea; and (3) whether he was pleading guilty because he was guilty. To all of these questions, he *Page 57
responded, yes. A full Boykin v. Alabama,
Also, during this hearing, the appellant's counsel sought to delay sentencing until an application for probation was filed. Unknown to the attorney, the application for probation had been completed by the appellant and was presently before the trial court. The application for probation was denied.
Under the standards of Strickland v. Washington,
The appellant claimed he never conversed with his attorney over the telephone, and that the only time he saw his attorney was when he appeared in court. Even assuming this is correct, we find this claim to be without merit.
" 'Brevity of time spent in consultation, without more, does not establish that counsel was ineffective. Easter v. Estelle,
609 F.2d 756 (5th Cir. 1980). Thus, it is not enough for Griffin to allege that counsel only met with him once before trial "as long as counsel devoted sufficient time to ensure an adequate defense and to become thoroughly familiar with the facts of the case and the law applicable to the case." Easter v. Estelle, 609 F.2d at 759.'"Griffin v. Wainwright,
760 F.2d 1505 ,1511 (11th Cir. 1985)."
See Tucker v. State,
The appellant also challenges his guilty plea, alleging that his attorney wrongfully advised him to plead guilty. This court, in Willis v. State,
Further, the appellant failed to satisfy the prejudice requirement in Strickland. "In order to satisfy the prejudice requirement, 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." Hillv. Lockhart,
We, therefore, find that the appellant was not denied effective assistance of counsel.
For the reasons stated above, this cause is due to be, and it is hereby, affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Scott Gerald Kirby v. State.
- Cited By
- 6 cases
- Status
- Published