Jones v. State
| Docket Number: | 2002-CP-02003-COA Linked Case(s): 2002-CT-02003-SCT ; 2002-CP-02003-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Plea agreement - Voluntariness of plea - Disproportionate sentence - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-13-2002 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED District Attorney: Eleanor Faye Peterson Case Number: 251-02-1359 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Donald Jones a/k/a Donald McArthur Jones |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Plea agreement - Voluntariness of plea - Disproportionate sentence - Ineffective assistance of counsel |
| Summary of the Facts: | Donald Jones entered a guilty plea to manslaughter. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Plea agreement Jones argues that his guilty plea was induced through an unfulfilled promise that the prosecutor would not make a sentencing recommendation on his open plea of guilty. Jones failed to support his motion with affidavits from his counsel or other persons with knowledge of this matter. As such, he has failed to meet his burden on this issue. In addition, in the Pre-Sentence Investigation Report, Jones’ plea is described by the State as an open plea. Where the defendant agrees to an open plea, the State is not bound by any agreement to offer a specific recommendation. Issue 2: Voluntariness of plea Jones argues that his guilty plea to manslaughter was not knowingly and voluntarily entered because the judge failed to advise him of the critical elements of manslaughter. A plea is deemed voluntary and intelligent if the defendant is advised regarding the nature of the charge against him and the consequences of his plea. Here, the record indicates that the judge specifically asked Jones if he discussed the elements with his attorney and replied that he had. Issue 3: Disproportionate sentence Jones argues that the sentence imposed on him is disproportionate to the sentences imposed on similarly situated defendants within the same circuit court district. The sentence imposed is not subject to appellate review if it is within the statutory limits. Here, the sentence was within the applicable statutory guidelines. The fact that other criminal defendants in Hinds County Circuit Court who pled guilty to manslaughter received shorter sentences than Jones has no decisive bearing on whether or not his sentence is disproportionate. The determination of proportionality relates back to the issue of statutory guidelines in sentencing. Issue 4: Ineffective assistance of counsel Jones argues that his counsel rendered ineffective assistance of counsel by misrepresenting to him that the State would make no sentence recommendation. However, Jones falls short of meeting his burden on his ineffective assistance of counsel claim due to his failing to provide proper proof of misrepresentation and how that alleged misrepresentation prejudiced his case. |
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