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Mardis v. State

Court of Appeals of Arkansas, Divisions I, II

June 21, 2017

JERRIME WADE MARDIS APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63CR-15-622] HONORABLE GARY ARNOLD, JUDGE

          Benca & Benca, by: Patrick J. Benca, for appellant.

          Leslie Rutledge, Att'y Gen., by: Brooke Jackson Gasaway, Ass't Att'y Gen., for appellee.

          BART F. VIRDEN, Judge

         Appellant Jerrime Wade Mardis appeals the denial of his petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1. On appeal, he argues that the trial court erred in denying his Rule 37 petition without affording him a hearing on his claim of ineffective assistance of counsel. We find no error and affirm.

         In December 2015, Mardis was charged with one count of aggravated residential burglary (a Class Y felony), one count of residential burglary (a Class B felony), and one count of possession of a firearm by certain persons (a Class B felony), and he was identified as a habitual offender. On January 11, 2016, the trial court held a plea hearing at which the following exchanged occurred:

Mardis: I was going to ask my attorney what percentage of time I would do on this thirty years, and he will not tell me. Was just wondering if I could find out what that falls under, if it's half, or a third, or what-
Counsel: I have told him that I don't know the answer to that.
Court: You should understand that there's no guarantee with anything other than straight thirty years. There's no guarantee that you get any percentage of anything.

         Later that day, Mardis accepted the State's plea offer, and he pled guilty to two counts of residential burglary and possession of a firearm. The trial court questioned Mardis about his understanding of the plea deal:

Court: Did you go over this guilty plea statement?
Mardis: Yes, sir.
Court: By signing and dating each of the pages, you indicated to me that you understand and accept all of that ...

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