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Martinez v. State

Defendant voluntarily and knowingly pled guilty to cocaine trafficking and cocaine possession with intent to distribute where he understood the charges, understood the rights he was waiving and knew he would receive a 25-year mandatory sentence for cocaine trafficking.

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Mario Martinez entered a guilty plea to two counts of trafficking in cocaine and one count of possession of cocaine with intent to distribute, which charges arose when Martinez made three separate sales of cocaine to an undercover agent. Thereafter, he timely moved to withdraw his plea, claiming 1 that his plea was not freely, knowingly, and voluntarily entered; and 2 that he received ineffective assistance of counsel. Following an evidentiary hearing, the trial court denied Martinez’s motion to withdraw. As the record supports the trial court’s ruling, we affirm.

1. Martinez contends that a the State failed to show that his plea was entered freely, knowingly, and voluntarily; b the record fails to show that the trial court personally informed Martinez of the rights he would be waiving by pleading guilty; c the trial court failed to ascertain a sufficient factual basis for the plea; and d that the Spanish interpreter used during the plea and sentence was not “court certified.” These contentions are meritless for the reasons that follow.

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