White v. State
| Docket Number: | 2003-CP-00717-COA Linked Case(s): 2003-CP-00717-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-06-2004 Opinion Author: Southwick, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, 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: 02-27-2003 Appealed from: Sunflower County Circuit Court Judge: Richard Smith Disposition: MOTION TO VACATE SENTENCE AND JUDGMENT DENIED. District Attorney: Frank Carlton Case Number: 2002-0191-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lorenzo White |
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 - Voluntariness of plea |
| Summary of the Facts: | Lorenzo White pled guilty to possession of marijuana with intent to distribute. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | White argues that his plea was not voluntarily and knowingly given since he did not know that he could be required to serve a twenty-five year sentence if he did not complete drug rehabilitation. A voluntarily entered plea is one in which the defendant was advised about the nature of the crime charged and the consequences of the guilty plea. Neither White’s plea petition nor a transcript from the plea hearing are included in the record. The judge denied the motion for post-conviction relief stating that the plea was knowingly and voluntarily given and facially correct. It does not appear how he made this decision without reviewing the transcript of the plea hearing or the plea petition. Therefore, the case is remanded for proceedings that create a sufficient record for appellate review. |
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