Haley v. State
| Docket Number: | 2001-CA-00397-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-27-2004 Opinion Author: Irving, J. Holding: AFFIRMED BUT REMANDED FOR ENTRY OF ORDER CORRECTING THE RECORD |
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| Additional Case Information: |
Topic: Post-conviction relief Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-12-2001 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: PETITION FOR POST-CONVICTION COLLATERAL RELIEF DENIED FOR LACK OF MERIT District Attorney: Alexander C. Martin Case Number: 2001-0056 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Floyd Haley |
M. A. BASS, JR. |
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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: | Post-conviction relief |
| Summary of the Facts: | Floyd Haley was convicted of burglary of a dwelling and was sentenced to sixteen years. Within a week of the conviction, Haley filed a petition to enter a plea of guilty to the same offense in which the State agreed that it would recommend that Haley receive a reduced sentence of ten years. The judge accepted the State’s recommendation and entered an amended sentencing order in which he imposed the reduced sentence. Thereafter, Haley filed a petition for post-conviction relief which was denied. Haley appeals. |
| Summary of Opinion Analysis: | In his appeal, Haleyargues claims not presented to the trial court in his PCR motion. A defendant is procedurally barred from raising an objection on appeal that is different than that raised at trial. Although all issues raised by Haley in this appeal are procedurally barred, the case is remanded for entry of an order consistent with the post-trial proceedings relative to the disposition of the motion for new trial and subsequent order of conviction and sentence. |
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