Moreno v. State
| Docket Number: | 2006-CP-01859-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-30-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Double jeopardy - Section 63-11-30 - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concurs in Result Only: IRVING, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-20-2006 Appealed from: Lamar County Circuit Court Judge: Michael R. Eubanks Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2006-318E |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ALEJANDRO AQUIRRE MORENO A/K/A ARTURO EURIQUEZ MORENO |
ALEJANDRO AQUIRRE MORENO (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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 - Double jeopardy - Section 63-11-30 - Ineffective assistance of counsel |
| Summary of the Facts: | Alejandro Moreno pled guilty to DUI manslaughter and two counts of DUI mayhem. He was sentenced to serve twenty-five years on each count. Fifteen years was suspended from the sentence for the DUI manslaughter conviction in lieu of post-release supervision, with a five-year supervision period. Twenty years were suspended from the conviction of DUI mayhem in lieu of post-release supervision, with a five years supervision period ordered. Moreno filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Double jeopardy Moreno argues that the indictments under section 63-11-30 (5) for DUI manslaughter and two counts of DUI mayhem subject him to double jeopardy because his driving while intoxicated only constituted one offense. The legislature, in 2004, amended and made clear that one may be charged under section 63-11-30 for multiple felonies arising from the same act of driving under the influence. Each of the indictment’s counts were predicated upon separate felonies, one instance of manslaughter and two instances of mutilation or mayhem, in which Moreno committed as a result of his drunk driving. Therefore, no violations of double jeopardy have occurred. Issue 2: Ineffective assistance of counsel Moreno argues that his attorney failed to assist him in receiving a speedy trial, failed to investigate and failed to advise him regarding the maximum and minimum sentences. When Moreno pled guilty, with the help of an interpreter, he represented to the court that he was satisfied with his attorney’s representation. In pleading guilty, Moreno waived any possible defense of any purported speedy trial violation. Further, the plea hearing transcript reveals that Moreno was advised, on the record, of the minimum and maximum time he potentially could be sentenced. |
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