Noel v. State


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Docket Number: 2005-CA-01455-COA
Oral Argument: 09-12-2006
 

 

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Court of Appeals: Opinion Link
Opinion Date: 12-05-2006
Opinion Author: King, C.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Plea agreement
Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Ishee, JJ.
Judge(s) Concurring Separately: Roberts, J., joined by Lee, P.J., Southwick, Griffis and Barnes, JJ.
Concurs in Result Only: Irving, J.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 02-16-2005
Appealed from: HOLMES COUNTY CIRCUIT COURT
Judge: JANNIE M. LEWIS
Disposition: DEFENDANT’S MOTION FOR POSTCONVICTION RELIEF DENIED.
Case Number: 2004-217

  Party Name: Attorney Name:  
Appellant: Andrew Noel




Robert T. Laster, Jr.; B. Leon Johnson



 

Appellee: State of Mississippi Jacob Ray; Charles W. Maris, Jr.; Jim Hood  

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Topic: Post-conviction relief - Plea agreement

Summary of the Facts: Andrew Noel pled guilty to the charges of rape and kidnapping. He was sentenced to twenty-five years on the rape charge and twenty-five years on the kidnapping charge, with the sentences to run concurrently. Noel filed a petition for post-conviction relief which was denied. He appeals.

Summary of Opinion Analysis: Noel entered into a plea agreement with the district attorney, in which he agreed to plead guilty to the charges of rape and kidnapping in exchange for the dismissal of the aggravated assault charge and a sentence recommendation from the district attorney. The district attorney agreed to recommend that Noel receive a sentence of twelve years – nine years in prison and three years of post-release supervision. Noel argues that he should be allowed to withdraw his plea. The trial court complied with the requirements of UCCCR 8.04(A)(4) in accepting Noel’s guilty plea. Specifically, the trial court advised Noel that he waived certain constitutional rights by entering a guilty plea and stated the maximum and minimum penalties for the charges against him. Additionally, the trial court advised Noel that she was not bound by the district attorney’s sentencing recommendation and determined that he understood that his sentence was left to her discretion. Accordingly, the trial judge did not abuse her discretion in the manner in which she conducted the hearing on Noel’s guilty plea.


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