Wofford v. State
| Docket Number: | 2003-CP-00310-COA Linked Case(s): 2003-CP-00310-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-13-2004 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Right to speedy trial - Prosecutorial misconduct - Defective indictment Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 07-19-2001 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: DENIED POST-CONVICTION RELIEF. District Attorney: Forrest Allgood Case Number: 2000-103 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bobby Earl Wofford |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 - Ineffective assistance of counsel - Right to speedy trial - Prosecutorial misconduct - Defective indictment |
| Summary of the Facts: | Bobby Wofford pled guilty to possession of a firearm by a convicted felon and was sentenced to one year. He later pled guilty to one count of sale of a controlled substance and was sentenced to eighteen years. He filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Wofford argues that he was denied effective assistance of counsel, because his attorney gave him bad advice in advising him to plead guilty. During Wofford's plea hearing, however, he stated that no promises had been made to him in return for a guilty plea. He also responded affirmatively when asked whether he was satisfied with the advice and help given by his attorney. Issue 2: Right to speedy trial Wofford argues he was denied his right to a speedy trial. A valid guilty plea operates as a waiver of the right to a speedy trial. Issue 3: Prosecutorial misconduct Wofford argues that he was prejudiced by prosecutorial misconduct because of a plea agreement between the district attorney and his trial counsel. However, Wofford fails to offer any evidence indicating any prosecutorial misconduct. Issue 4: Defective indictment Although Wofford argues that the indictment was defective because the year read 1998 rather than 1997, failure to state the correct date shall not render the indictment insufficient. |
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