Smith v. State
| Docket Number: | 2002-CA-02056-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-30-2004 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Expungement of record - Jurisdiction - Section 99-15-57(1) - Section 99-15-26 - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Griffis, JJ. Concurs in Result Only: Irving, J. Nature of the Case: CRIMINAL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 08-26-2002 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: MOTION TO EXPUNGE CRIMINAL RECORDS DENIED. District Attorney: Cono A. Caranna, II Case Number: B2401-96-0227 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Linda Jean Smith |
WILLIAM WENDELL MARTIN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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: | Expungement of record - Jurisdiction - Section 99-15-57(1) - Section 99-15-26 - Ineffective assistance of counsel |
| Summary of the Facts: | Linda Smith entered a guilty plea and was sentenced to three years, suspended, two years’ probation, and a two hundred dollar fine. She filed a petition to expunge this record pursuant to section 99-15-57(1). The court denied the petition to expunge on the basis the court lacked jurisdiction. Smith appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction Smith argues that the court had authority to expunge the record pursuant to section 99-15-57(1) which provides that a person who pled guilty within six months prior to the effective date of section 99-15-26 and who would have otherwise been eligible for the relief allowed in such section, may apply for an order to expunge from all official public records all recordation relating to his arrest, indictment, trial, finding of guilty and sentence. October 1, 1982, is the earliest date that a defendant may satisfy the requirement of section 95-15-57. Smith pled guilty to uttering a forgery on September 23, 1996. Therefore, the window of opportunity had closed for Smith when she entered her plea. Issue 2: Ineffective assistance of counsel Smith argues that she received ineffective assistance of counsel because her attorney failed to move for non-adjudication of the guilty plea. Smith’s attorney negotiated a plea bargain for Smith and she received a suspended sentence, a monetary fine and probation. There is no evidence that a sentence pursuant to the nonadjudication laws was a condition to which the prosecution would have agreed or the judge would have accepted. Therefore, her claim is without merit. |
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