Wilson v. State


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Docket Number: 2011-CP-00315-COA

Court of Appeals: Opinion Link
Opinion Date: 08-28-2012
Opinion Author: Roberts, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Double jeopardy - Section 97-37-1 - Section 97-37-5 - Ineffective assistance of counsel
Judge(s) Concurring: Griffis, P.J. and Fair, J.
Concur in Part, Concur in Result 1: Irving, P.J. and Maxwell, J., Concur in Part and in the Result Without Separate Written Opinion
Concur in Part, Dissent in Part 1: Ishee, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J., and Russell, J.; Barnes, J., Joins In Part.
Concur in Part, Dissent in Part Joined By 1: Ishee, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J., and Russell, J.; Barnes, J., Joins In Part.
Concurs in Result Only: Carlton, J., Concurs in Result Only Without Separate Written Opinion
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 12-20-2010
Appealed from: Madison County Circuit Court
Judge: Samac Richardson
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: CI-2010-0452-R

  Party Name: Attorney Name:  
Appellant: Carlos Wilson




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY JEFFREY A. KLINGFUSS  

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Topic: Post-conviction relief - Double jeopardy - Section 97-37-1 - Section 97-37-5 - Ineffective assistance of counsel

Summary of the Facts: Carlos Wilson pled guilty to the charge in his indictment of possession of a firearm by a convicted felon and to a bill of information charging him with carrying a concealed weapon. He was sentenced as a habitual offender to three years for possession of a firearm by a convicted felon and five years for CCW. Wilson filed a motion for post-conviction relief which the court denied. He appeals.

Summary of Opinion Analysis: Issue 1: Double jeopardy Wilson argues that he could not be convicted of violating both section 97-37-1 (CCW) and section 97-37-5 (felon in possession of a firearm) since the same act of possessing a firearm found under the seat of his vehicle was the basis for both convictions. A criminal defendant may be convicted of more than one offense that arises out of a single event where each offense requires proof of a different element. It is clear from a reading of the statutes under which Wilson was convicted that there is no double-jeopardy violation. The offense of possession of a firearm by a convicted felon requires proof that the defendant has been previously convicted of a felony, but the offense of CCW does not require the defendant to have a prior felony conviction. Further, the offense of CCW requires that the weapon be “concealed in whole or in part,” and the offense of being a felon in possession of a firearm has no such requirement. Issue 2: Ineffective assistance of counsel Wilson argues that he received ineffective assistance of counsel because his attorney did not object to the violation of his double-jeopardy protections. Since there was no double-jeopardy violation, Wilson’s attorney could not be ineffective for failing to object to it.


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