Falconer v. State
| Docket Number: | 2002-CP-02042-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Sentence - Ineffective assistance of counsel 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: 11-08-2002 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED District Attorney: Cono A. Caranna, II Case Number: A2401-01-00498 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mitchell Montreal Falconer |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Sentence - Ineffective assistance of counsel |
| Summary of the Facts: | Mitchell Falconer pled guilty as an enhanced penalty drug offender and as a habitual offender for the transfer of cocaine. He was sentenced to fifteen years. He filed two separate motions for post-conviction relief which were both denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sentence Falconer argues that because the actual amount of cocaine was less than 0.1 gram, he should have received a maximum sentence of eight years. However, Falconer was indicted and pled guilty for the transfer of cocaine which carries a maximum penalty of thirty years in prison. The enhanced penalty statute allows the sentence to be doubled where a defendant's conviction is a second or subsequent drug offense. Because this was Falconer's fourth drug conviction, his sentence could be doubled. Therefore, the imposition of a fifteen year sentence was well within the sixty year maximum sentence. Falconer also argues that the court erred by not including post-release supervision and a substance rehabilitation program in his sentence. Sentencing is not subject to appellate review if it is within the limits prescribed by statute as was Falconer’s sentence. Falconer also argues the court erred by sentencing him to a longer term than his codefendant. However, his co-defendant was a first time offender, with no prior felony convictions, who faced a maximum thirty year sentence. In addition to his three previous drug convictions, Falconer also had numerous misdemeanor offenses. These factors justify the court's decision to sentence Falconer to a longer term. Issue 2: Ineffective assistance of counsel Falconer argues that his counsel coerced him into pleading guilty by telling him that he could not find a defense for his case. In his plea petition, Falconer affirmed that he was satisfied with the advice of his counsel. The fact that Falconer's counsel informed him that he was unable to find a defense for his case did not amount to deficient performance. |
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