Dennis v. State
| Docket Number: | 2002-CP-02113-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-18-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Illegal sentence - Ineffective assistance of counsel - Sentence recommendation - UCCCR 11.02 - Hearing procedure - Post arrest statement Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 10-30-2002 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: POST-CONVICTION RELIEF - DENIED District Attorney: Anthony J. Buckley Case Number: 2002-147-CV4 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Christopher Joe Dennis |
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 - Voluntariness of plea - Illegal sentence - Ineffective assistance of counsel - Sentence recommendation - UCCCR 11.02 - Hearing procedure - Post arrest statement |
| Summary of the Facts: | Christopher Dennis pled guilty to one count of aggravated assault, three counts of burglary, and two counts of second degree arson. He was sentenced to serve a total of fifty years, with thirty-five years suspended, and five years' probation. He petitioned the court for post-conviction relief, which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Dennis argues that his plea was involuntary. A plea is considered voluntary if the defendant is advised about the nature of the charge and the consequences of the entry of the plea. Dennis first argues that he was never advised of his right against self-incrimination. However, the plea petition and the transcript from the court’s acceptance of his plea contradict his claim. Dennis also argues that he was not informed of the maximum and minimum penalties that he could face. However, his guilty plea petition recited the maximum and minimum sentences for burglary and arson, and the maximum sentence for aggravated assault. He also argues that the judge erred by accepting a plea from him without arraignment on the charges for aggravated assault and burglary of a non-residence. Because a valid guilty plea operates as a waiver of all non-jurisdictional rights or defects which are incident to trial, Dennis waived his right to raise this challenge. He also argues that he never pled guilty to the charge of aggravated assault. However, the record shows otherwise. Issue 2: Sentencing Dennis argues that the judge sentenced him to a longer sentence than allowed by law for each of his three convictions. The failure to raise sentencing issues on direct appeal bars consideration of the issues in post-conviction relief. Dennis failed to raise these issues on direct appeal. Issue 3: Ineffective assistance of counsel Dennis argues that he received ineffective assistance of counsel, because his counsel presented him a blank plea petition to sign and stated that it was just a form stating he was willing to take a plea. Because Dennis failed to raise the issue of ineffective assistance of counsel in his motion for post-conviction relief before the circuit court, he has waived his right to raise this issue. In addition, Dennis told the trial judge, under oath, that he was satisfied with his attorney's representation. Issue 4: Sentence recommendation Dennis argues that a sentence recommendation was made in violation of his plea agreement, which indicated that his plea was to be made without a recommendation from the prosecutor. However, the record shows that the prosecution's mention of a recommendation was made in the context of explaining that no plea agreement had been reached and that Dennis' plea would be open. Citing UCCCR 11.02, Dennis also argues that the judge erred in allowing the Mississippi Department of Corrections official to state a sentence recommendation. Although the rule lists several items that may be included in a pre-sentence report, it does not prohibit a recommendation as Dennis claims. In addition, Dennis agreed that his sentence would be based on the recommendation of the Department of Corrections after a pre-sentence investigation. Issue 5: Hearing procedure Dennis’ argument that the court erred in accepting pleas from Dennis and another defendant during the same plea hearing is barred since he failed to raise this issue in his motion for post-conviction relief. Issue 6: Post-arrest statement Dennis argues that his post-arrest statement was unlawfully obtained. By pleading guilty, he has waived this claim. |
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