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Temple v. State

Defense counsel was not deficient for failing to communicate information to the defendant regarding the State's plea offer, since the record showed that the plea offer was presented to the defendant several times and that he rejected it each time.

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After a jury trial, Horace Temple was convicted of two counts of armed robbery and one count of criminal trespass. He was sentenced as a recidivist to confinement for life without parole. On appeal, Temple contends that his convictions should be reversed because 1 the trial court erred in denying his motion for new trial on the ground that his trial counsel was ineffective for failing to communicate to him information pertaining to a plea offer; and 2 the sentence of life without parole constituted cruel and unusual punishment. We affirm.

1. Temple contends that his trial counsel was ineffective for failing to communicate to him information pertaining to a plea offer. Specifically, he asserts that he “was not properly advised that, due to the nature of the charges and his prior conviction, he was facing, if convicted, a mandatory sentence of life in prison without the possibility of parole.” Thus, he contends, he “could not make an informed decision about whether to accept or reject the state’s plea offer.” Temple asserts that, by the record, “it was apparent that he did not grasp the implications of the recidivist law in his case.”

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