Judge Jill Konviser

 

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Jimenez entered guilty pleas on two cases, charged with assault, and gang assault after slashing various victims resulting in their permanent disfigurement. He was sentenced to concurrent 12 year terms of imprisonment, with five years post-release supervision to run concurrently with his federal sentence. Jimenez moved to vacate the convictions arguing the pleas entered were involuntary—an alleged violation of his Boykin rights—, and he was provided ineffective assistance of counsel. The court disagreed finding its questions unequivocally demonstrated Jimenez understood the detailed explanation of the pleas’ parameters, sentences to be imposed, and that they pleas were knowingly and voluntarily made. It found the record belied Jimenez’s contentions, and showed that he was fully informed of his Boykin rights, and unequivocally waived them. Also, Jimenez’s claim his counsel was suspended from practicing law at the time of representation was incorrect as same did not occur until 15 months after the pleas were entered, and the court noted a lawyer temporarily suspended from practicing law did not constitute per se ineffective assistance of counsel. Further, Jimenez received advantageous pleas, underscoring his ineffective claim. Thus, the motion was denied entirely.