Sutton v. State


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Docket Number: 2002-CA-01042-COA
Linked Case(s): 2002-CA-01042-COA

Court of Appeals: Opinion Link
Opinion Date: 02-10-2004

Additional Case Information: Topic: Post-conviction relief - Voluntariness of pleas - Ineffective assistance of counsel
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ.
Concurs in Result Only: Irving, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 05-22-2002
Appealed from: Hinds County Circuit Court
Judge: L. Breland Hilburn
Disposition: PETITIONER'S MOTION FOR POSTCONVICTION RELIEF TO VACATE AND SET ASIDE CONVICTION AND SENTENCE DENIED.
District Attorney: Eleanor Faye Peterson
Case Number: 251-00-920
  Consolidated: 2002-CA-01041-COA Corey Sutton v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-00-919; Ruling Date: 05/22/2002; Ruling Judge: L. Breland Hilburn; 2002-CA-01043-COA Corey Sutton v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-00-921; Ruling Date: 05/22/2002; Ruling Judge: L. Breland Hilburn

  Party Name: Attorney Name:  
Appellant: Corey Sutton




GARY KEITH SILBERMAN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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Topic: Post-conviction relief - Voluntariness of pleas - Ineffective assistance of counsel

Summary of the Facts: Corey Sutton pled guilty to three counts of armed robbery. He was sentenced to twenty years, with thirteen years suspended, on each of the three counts. He filed a petition for post-conviction relief which was denied. He appeals.

Summary of Opinion Analysis: Issue 1: Voluntariness of pleas Sutton argues that his pleas were involuntary, because he was given erroneous information regarding parole eligibility. A plea is voluntarily made if the defendant was properly advised by counsel and had a full understanding of the consequences of his actions. The record shows that Sutton indicated that he had fully discussed the case with his attorney including the elements of the offense and any possible defenses, that he was satisfied with the services rendered by his attorney, that he understood the specific rights available to him and that a guilty plea waived those rights, and that he had committed the charged offense. Therefore, Sutton's guilty pleas were knowingly and voluntarily entered. Issue 2: Ineffective assistance of counsel Sutton argues that he received ineffective assistance of counsel in that his attorney gave him misinformation regarding the length of time he would have to serve. Because Sutton does not question his guilt nor suggest any impairment to any defense which might have been available to him, his claim fails.


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