Cook v. State
| Docket Number: | 2001-CA-01212-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-11-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Voluntariness of plea Judge(s) Concurring: McMillin, C.J., King, P.J., Thomas, Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Southwick, P.J., and Griffis, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-27-2001 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. District Attorney: James H. Powell, III Case Number: 2001-165 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jimmy Lee Cook, Jr. |
GAIL P. THOMPSON |
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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 - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Jimmy Cook, Jr. pled guilty to one count of armed robbery and was sentenced to six years with four years' post-release supervision. Cook filed a motion for post-conviction relief which the court denied. Cook appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Cook argues that he received ineffective assistance of counsel, because he believed that the sentence recommendation that the State had agreed to make was binding on the judge and because his attorney led him to believe that he would serve his time under the 85% rule when in fact it was a mandatory 100% rule. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Although his attorney may not have adequately explained these matters to Cook, the failure to do so was not prejudicial since the court took great care in evaluating Cook's state of mind and the knowledge he had surrounding his guilty plea. Issue 2: Voluntariness of plea Cook argues that his guilty plea was coerced by counsel's representations of a sentencing recommendation from the State for five years. However, the record shows that Cook affirmatively represented his sound state of mind and agreement with the terms of the guilty plea. |
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