Garner v. State
| Docket Number: | 2003-CP-00303-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-27-2004 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Excessive sentence - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 12-30-2002 Appealed from: Panola County Circuit Court Judge: Andrew C. Baker Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF IS DISMISSED District Attorney: John W. Champion Case Number: CV2002-0196BP2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tyrone Garner |
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 - Voluntariness of plea - Excessive sentence - Ineffective assistance of counsel |
| Summary of the Facts: | Tyrone Garner entered pleas of guilty to one charge of burglary of an inhabited dwelling and one charge of forcible rape. He was sentenced to twenty-five years' imprisonment on the burglary charge and thirty-nine years for the rape. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Garner argues that his plea was not voluntarily made because, he was misled as to the probable sentencing, his sentences are improper because they amount to a life sentence, and he was never advised that a guilty plea waived several constitutional rights. In order for a guilty plea to pass constitutional muster, the defendant must know of his right to confront his accusers, right to a jury trial, and right against compulsory self-incrimination. Although the judge in this case did not end each of his explanations of the rights at issue with the explicit question as to whether Garner chose to waive that right, the record did otherwise capture Garner's acknowledgment of waiver. The plea agreement is a part of the record and contradicts Garner's contention of ignorance. Issue 2: Excessive sentence Garner argues his sentence was improper, because the aggregation of the two sentences for a total of sixty-four years exceeds Garner's actuarial life span. Each of the sentences imposed upon Garner stand alone and are made without respect to each other. The sentence of thirty-nine years is something less than Garner's projected life span. That his sentences are to run consecutively rather than concurrently is one of the many hazards of committing multiple crimes. Issue 3: Ineffective assistance of counsel Garner argues his attorney failed to render professionally competent representation, because he misled Garner into believing he would receive a sentence less than life, failed to investigate, failed to object to the sentences, failed to object to an illegally obtained confession, failed to put on evidence to contradict the State's evidence of habitual offender status, and unduly influenced him to plead guilty. To prove his claim, he must show his attorney's assistance was deficient and prejudicial. Garner provides no evidence or even assertions of what exactly counsel should have investigated or how such an investigation would have impacted his case favorably. Garner waived the right to complain of the illegality of the confession by standing in open court and proclaiming his guilt. Garner provides no evidence of any form to suggest that the State's evidence was invalid or what defense counsel should have done differently to challenge the record of Garner's prior convictions. Also, Garner provides no evidence or allegations of undue influence, coercion, threats or promises of leniency. |
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