Gerald Lopes v. State of Rhode Island, 111 A.3d 344

Lopes pled nolo contendere in two Rhode Island cases to burglary, breaking and entering, and receiving stolen goods; sentences included 30 years for burglary with 20 to serve and 10 suspended, concurrent to a violator sentence, with habitual-offender notice withdrawn.
Pretrial suppression motions were denied; the trial judge conducted a detailed Rule 11 plea colloquy ensuring Lopes understood the plea and waivers.
Lopes filed a postconviction relief petition alleging ineffective assistance and other constitutional claims; initial court-appointed counsel filed a limited-issue report.
A postconviction relief hearing (2010) was held with Lopes, trial counsel, and Lopes’s wife testifying; the trial judge credited trial counsel and found Lopes not credible.
The Superior Court denied relief (May 13, 2011). The Rhode Island Supreme Court reviewed de novo mixed questions of law/facts; reviewed Strickland standards for ineffective assistance; affirmed and remanded the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the plea was knowing and voluntary given claims of ineffective assistance.	Lopes contends counsel’s errors rendered plea involuntary.	State argues plea colloquy and evidence show voluntariness; credibility findings support validity.	Plea found voluntary and knowingly entered.
Whether trial counsel rendered deficient performance under Strickland.	Counsel failed to investigate value of stolen goods, DNAs, severance, and communication.	Counsel conducted extensive motions; testified to advising client; performance not deficient.	No deficient performance established.
Whether Lopes would have proceeded to trial but for counsel’s errors.	But-for-counsel’s errors, Lopes would have gone to trial.	Evidence shows sufficient basis to support plea and defense strategy; unlikely to prevail at trial.	Lopes failed to prove prejudice from counsel’s performance.
Whether the plea colloquy was defective or insufficient to support a valid plea.	Defects or gaps in advice may render plea invalid.	Colloquy complied with Rule 11; defendant understood rights and consequences.	Colloquy adequate; plea valid.
Whether the facts recited for burglary adequately established the felonious intent element.	Record insufficient to prove intent to commit felony.	Facts, including control of property valued over $500 and act of breaking and entering at night, support felonious intent.	Record supported intent to commit a felony; permissible inference.

Hall v. State, 60 A.3d 928 (R.I. 2013) (standard for postconviction relief allowance of or review of grounds)
Sosa v. State, 949 A.2d 1014 (R.I. 2008) (definition of postconviction relief scope)
Neufville v. State, 13 A.3d 607 (R.I. 2011) (deference to Superior Court factual findings in PCR)
Merida v. State, 93 A.3d 545 (R.I. 2014) (Strickland standard applied in RI PCR context)
Rodrigues v. State, 985 A.2d 311 (R.I. 2009) (deference to hearing justice; mixed questions of law and fact)
Jolly v. Wall, 59 A.3d 133 (R.I. 2013) (burden to show would have gone to trial but for counsel error)
State v. Abdullah, 967 A.2d 469 (R.I. 2009) (burglary elements include intent to commit a felony, not value of stolen items)
Camacho v. State, 58 A.3d 182 (R.I. 2013) (record viewed in totality; reasonable inferences supported)
State v. McLaughlin, 621 A.2d 170 (R.I. 1993) (recognizes inference-based sufficiency in burglary cases)