KITE, Chief Justice.
[¶ 1] Robert Daniel Turner pled guilty to one count of solicitation to commit property destruction. He appeals, pro se, from the judgment and sentence entered by the district court, claiming the district court did not have subject matter jurisdiction to prosecute him because he was in West Virginia at the time of the alleged solicitation and he did not receive effective assistance of counsel. We conclude the factual basis for his guilty plea established the district court had subject matter jurisdiction over the matter and he has not shown ineffective assistance of counsel.
[¶ 2] We affirm.
[¶ 3] Mr. Turner presents the following issues on appeal:
The State presents essentially the same issues, although phrased in more detail.
[¶ 4] During August and September 2012, Mr. Turner, who was in West Virginia, agreed over the telephone to pay an "associate" $650 to set fire to a vehicle which belonged to his former girlfriend and was located in Natrona County, Wyoming. The associate spoke with law enforcement and took part in a recorded telephone conversation with Mr. Turner about the plan. The associate did not damage the vehicle, and Mr. Turner was arrested when he returned to Wyoming.
[¶ 5] Mr. Turner pled guilty to one felony count of solicitation to commit property damage in excess of $1,000. In exchange for his guilty plea, the State dismissed two other felony charges — solicitation to commit first degree arson and solicitation to commit third degree arson. At his change of plea hearing, Mr. Turner stated that he was satisfied with his trial counsel and provided a factual basis for his guilty plea.
[¶ 6] The district court held a sentencing hearing in which it considered the presentence investigation report, the evidence in the case, the intended victim's testimony, Mr. Turner's statement, and the parties' arguments. The State argued Mr. Turner should receive a sentence of seven to ten years in prison, while defense counsel argued for probation. The district court found that probation was not appropriate and sentenced Mr. Turner to serve a term of eight to ten years in prison.
[¶ 7] Mr. Turner was unhappy with the sentence and filed a notice of appeal. The district court allowed his trial counsel to withdraw and appointed new counsel to represent him on appeal. Mr. Turner filed a pro se motion to correct an illegal sentence on grounds not associated with this appeal, and the district court denied the motion. Mr. Turner requested that the case be remanded to the district court for a hearing under W.R.A.P. 21 regarding the effectiveness of trial counsel. This Court denied the request for a remand because Mr. Turner did not make a sufficient showing of ineffective assistance. Thereafter, Mr. Turner's appellate counsel moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), on the basis that the appeal was not meritorious. We granted the motion, and Mr. Turner filed his appellate brief pro se.
[¶ 8] Mr. Turner pled guilty to solicitation to commit property destruction and he did not file a motion to withdraw his guilty plea. "[A]n unconditional guilty plea waives all non-jurisdictional defenses, including claims based on the alleged deprivation of constitutional rights. The only claims not
[¶ 9] Mr. Turner claims the district court did not have subject matter jurisdiction to prosecute him. Subject matter jurisdiction is essential to prosecution of a crime and may not be waived. Rios v. State, 733 P.2d 242, 244 (Wyo.1987). Jurisdiction is a question of law that may be raised any time and is subject to de novo review on appeal. Dawes v. State, 2010 WY 113, ¶ 10, 236 P.3d 303, 306 (Wyo.2010). See also Innis v. State, 2003 WY 66, ¶ 8, 69 P.3d 413, 417 (Wyo.2003).
[¶ 10] The State charged Mr. Turner with solicitation to commit property damage valued at $1,000 or more, in violation of Wyo. Stat. Ann. §§ 6-1-302(a) and 6-3-201(a) and (b)(iii) (LexisNexis 2013). Section 6-1-302(a) states:
Section 6-3-201 states in relevant part:
[¶ 11] In a multi-faceted argument, Mr. Turner claims the district court did not have subject matter jurisdiction over the offense because: 1) the recorded telephone conversation demonstrated that the associate solicited him to commit the crime, rather than the other way around; and 2) he was in West Virginia at the time of the telephone call and his conduct did not produce an unlawful effect in Wyoming.
[¶ 12] Given Mr. Turner's unconditional guilty plea, we will only address his second argument. His first argument involves an alternative interpretation of the evidence and such arguments were waived by the guilty plea.
[¶ 13] Mr. Turner's claim that he did not commit a crime in Wyoming is readily dispelled by his testimony at the change of plea hearing, which focused on the location of the various actors:
[¶ 14] Mr. Turner's testimony at the change of plea hearing established that he solicited another to commit a crime in Wyoming. Like Hopkinson, he made the arrangements over the telephone from another state, but he intended his actions to have an effect in Wyoming. The underlying property damage was not accomplished; however, Mr. Turner's actions were still subject to criminal process just as Marquez's conspiracy to deliver drugs to Wyoming fell within the Wyoming court's jurisdiction even though neither the defendant nor the drugs ever arrived in the state. The Wyoming district court had subject matter jurisdiction over Mr. Turner's criminal offense.
[¶ 15] In general, to prevail on a claim of ineffective assistance of counsel, the defendant must demonstrate that counsel's performance was deficient and his defense was prejudiced by the deficient performance. Reichert v. State, 2006 WY 62, ¶ 11, 134 P.3d 268, 272 (Wyo.2006). An attorney provides deficient representation if he fails to render
[¶ 16] Mr. Turner claims his attorney was deficient for failing to investigate text message evidence, refusing to allow him to examine any of the evidence, failing to present the defense of entrapment, failing to file a bill of particulars to specify the date of the solicitation, inducing him to plead guilty by guaranteeing he would receive a lenient sentence, and having a conflict of interest. There is little, if any, record support for Mr. Turner's claims. In fact, several of his assertions are directly contradicted by the record which includes a recorded telephone call, text messages and evidence of wire transfers clearly demonstrating that Mr. Turner commanded, encouraged and/or facilitated his associate to damage his former girlfriend's car in exchange for $650.
[¶ 17] Further, with the possible exception of Mr. Turner's claim that his trial counsel improperly induced or advised him to plead guilty, his claims were waived at the time of his guilty plea. When addressing a guilty plea, W.R.Cr.P. 11(b) requires the district court to advise the defendant of the nature of the charges; the consequences of pleading guilty; and his rights to be represented by an attorney, plead not guilty, be tried by a jury, and to testify or not, as he chooses. The defendant must also be informed that if he pleads guilty he will waive his right to a trial and any statements made by him under oath in court may be used against him. Id.; See also Reichert, ¶ 14, 134 P.3d at 273. Before accepting a guilty plea, the district court is required to ensure the defendant's plea is voluntary.
Rule 11(d).
[¶ 18] At Mr. Turner's change of plea hearing, the district court provided the requisite advisements under Rule 11. The district court also specifically addressed Mr. Turner regarding his satisfaction with trial counsel:
[¶ 19] Mr. Turner was amply aware that he was waiving his right to trial and to contest the evidence against him. His statement that he was satisfied with counsel at that time undermines his current claims that his attorney did not properly obtain or share evidence with him or present possible defenses to the charged crime. Furthermore, as quoted above, Mr. Turner provided a sufficient and clear factual basis to support the guilty plea under Rule 11(f), further weakening his claimed defenses.
[¶ 20] Mr. Turner's argument that his attorney improperly induced or advised him to plead guilty is the only claim which may have a bearing on the voluntariness of his guilty plea. He asserts his attorney guaranteed he would receive a lenient sentence because the district judge owed a favor to defense counsel. "When a guilty plea has been entered upon the advice of counsel, the voluntariness of that plea may depend on the extent to which that advice comports with the constitutional guarantee to
Reichert, ¶ 41, 134 P.3d at 279-80, quoting Rutti, ¶ 23, 100 P.3d at 405 (other citations omitted). In Palmer v. State, 2008 WY 7, ¶¶ 18-20, 174 P.3d 1298, 1302-03 (Wyo.2008), we clarified that the defendant does not have to demonstrate a likelihood that he would have prevailed at trial. He is simply obligated to show that but for his attorney's unsound advice, he would not have entered a guilty plea and would have insisted upon going to trial. Id.
[¶ 21] Mr. Turner's claim that his attorney guaranteed him a more lenient sentence because the trial judge owed him a favor is not borne out in the record. The district judge was very clear about the potential penalties at the change of plea hearing. She informed Mr. Turner:
(footnote added). Mr. Turner agreed with the district court's description of the agreement and denied the existence of other terms that had not been discussed at the change of plea hearing. The trial judge carefully reviewed the potential penalties of the count to which he was pleading guilty, and he again stated his understanding. Mr. Turner also stated that he understood that after he pled guilty, the only things left for the court to do were to review the PSI, listen to the attorneys' arguments, give him a chance to speak, and then impose a sentence. She then asked Mr. Turner:
[¶ 22] The transcript of the change of plea hearing clearly shows that Mr. Turner was advised of the possible consequences of his guilty plea and he repeatedly stated that he understood there was no agreement as to sentencing and the district court could enter any sentence allowed under the law. Under these circumstances, it is hard to believe that Mr. Turner truly thought that he would get a lenient sentence because of some amorphous understanding between defense counsel and
[¶ 23] In addition, the circumstances do not support a conclusion that Mr. Turner was prejudiced. Even if defense counsel misled Mr. Turner about the sentence he would receive, the trial court certainly corrected the misunderstanding before taking his plea by repeatedly telling him there was no agreement as to sentencing. See Wilson v. State, 2003 WY 59, ¶ 11, 68 P.3d 1181, 1188 (Wyo. 2003) (holding a defendant is not prejudiced by his attorney's incorrect advice if the trial court cured any misrepresentation prior to taking his guilty plea). Mr. Turner also overlooks the fact that, as a result of the plea agreement, two other felony charges were dismissed. One of the dismissed charges — solicitation of first degree arson — carried a maximum term of twenty years in prison, twice the maximum penalty of the crime he admitted. Wyo. Stat. Ann. § 6-3-101(a) and (b)(i) (LexisNexis 2013).
[¶ 24] The evidence which would have been introduced at trial by the prosecution was damning. The recorded telephone call and text messages between Mr. Turner and his associate showed that he sought to have his girlfriend's vehicle set on fire. Contrary to Mr. Turner's assertions, the evidence clearly demonstrated that he commanded, encouraged or facilitated the associate's unlawful action. The State's evidence also included documentation plainly showing that Mr. Turner wired the associate $650, the same amount as the agreed payment for committing the property damage. Mr. Turner failed to carry his burden of showing that in absence of his attorney's advice, he would not have pled guilty to the one felony charge with a maximum sentence of ten years but would have, instead, gone to trial on the three charges with one having a maximum sentence of twenty years.
[¶ 25] Affirmed.