Fields v. State
| Docket Number: | 2001-CP-00880-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Bridges, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Excessive sentence - Amended judgment Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 05-07-2001 Appealed from: Bolivar County Circuit Court Judge: Kenneth L. Thomas Disposition: DENIAL OF PCR District Attorney: Laurence Y. Mellen Case Number: 8718 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Cornelius Fields |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
|
|
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. |
|
| Topic: | Post-conviction relief - Voluntariness of plea - Excessive sentence - Amended judgment |
| Summary of the Facts: | Cornelius Fields pled guilty to the sale of marijuana and to the sale of cocaine. He filed a motion for post-conviction relief to vacate and set aside his plea of guilty sentence which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Fields argues that his plea was involuntary because of the ill-advise of his attorney with regard to the applicable sentence. A sentence is voluntary if the defendant was advised of the nature of the charges against him, the rights which he would be waiving by pleading guilty, and the maximum sentences that he could receive for the crimes with which he was charged. The record shows that Fields entered his plea voluntarily, knowingly, and intelligently. The judge specifically asked him whether he understood the maximum sentence that could be imposed, whether he was aware that, by pleading guilty, he was giving up certain constitutional rights, and whether he had been coerced into pleading guilty. Fields indicated that he understood that his guilty plea would serve as a waiver to all constitutional rights, that he was aware of and accepted any possible statutory penalties he could receive for his crimes, and that he was not being coerced. Issue 2: Excessive sentence A sentence which is within the limits fixed by statute will not be reversed. Fields was told the correct maximum sentences that could be imposed by the court at the plea hearing. However, at the sentencing hearing, the court mixed up the cause numbers bringing about confusion regarding correct sentences for the actual offense. This confusion was later corrected in amended judgments corresponding to the correct cause number and the correct sentence. The court has authority to correct clerical errors. Issue 3: Amended judgment Fields argues that the court did not have authority to amend its judgment three years later. In addition to the ability to correct clerical errors, this correction may be done at any time, as well after as during the term. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
