FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63CR-15-622]
HONORABLE GARY ARNOLD, JUDGE
& Benca, by: Patrick J. Benca, for appellant.
Rutledge, Att'y Gen., by: Brooke Jackson Gasaway,
Ass't Att'y Gen., for appellee.
F. VIRDEN, Judge
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.
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
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.
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 ...