TALLAHASSEE, Fla. (The News Service of Florida) - An appeals court Monday rejected arguments by a former Florida State University student convicted of fatally shooting another student in 2011 during a fraternity party.
Evan Wilhelm, now 28, is serving a 20-year sentence at Wakulla Correctional Institution in the death of Ashley Cowie, 20, of Orange Park, who was shot in the chest as Wilhelm played with a gun, according to Monday’s ruling by a panel of the 1st District Court of Appeal.
Wilhelm pleaded no contest to manslaughter, possession of a firearm on school property and culpable negligence with injury.
But in the appeal, he argued that he had received “ineffective assistance of counsel” in his plea and sentencing. As an example, Wilhelm said he was not advised of a plea offer of a 10-year prison sentence and would have taken it.
But the appeals court said two of Wilhelm’s attorneys testified that they advised him of the offer and that he rejected it.
“They testified that they advised him he could potentially receive a sentence of 20 years,” said Monday’s four-page ruling by appeals-court judges James Wolf, Timothy Osterhaus and Allen Winsor. “But Mr. Wilhelm was not prepared to accept a plea offer that included more than 36 months’ incarceration. The trial court credited the testimony of these two attorneys. Thus, we find no error in the trial court’s decision to deny relief on this ground.”
