Staggs v. State
| Docket Number: | 2005-CA-01579-COA Linked Case(s): 2005-CA-01579-COA ; 2005-CT-01579-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-09-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing - Voluntariness of plea Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal |
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| Trial Court: |
Date of Trial Judgment: 07-20-2005 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: POST-CONVICTION RELIEF DISMISSED. Case Number: CV2005-0175CD |
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| Party Name: | Attorney Name: | |||
| Appellant: | CYNTHIA JO STAGGS |
DAVID L. WALKER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Evidentiary hearing - Voluntariness of plea |
| Summary of the Facts: | Cynthia Staggs pled guilty to sexual battery and was sentenced to thirty years. She filed a motion for post-conviction relief which was dismissed. She appeals. |
| Summary of Opinion Analysis: | Staggs argues that she was entitled to an evidentiary hearing because her PCR substantially demonstrated that her guilty plea was involuntary and that there was no factual basis supporting her guilt of sexual battery. A guilty plea is considered to be voluntarily and intelligently entered only when the defendant is advised concerning the nature of the charges against her and the consequences of the plea. Staggs asserts that, when she entered the plea, she thought she was pleading guilty to being an accomplice to sexual battery and that she had been under the belief that she would not be sentenced to the maximum penalty of thirty years. A trial court may disregard the movant's assertions where they are substantially contradicted by the court record that culminated in the entry of the guilty plea. Staggs's assertions are substantially contradicted by the transcript of the guilty plea hearing. While the trial court did not explain accomplice liability to Staggs, the transcript of the plea hearing substantially contradicts the notion that Staggs thought she was pleading guilty to some offense lesser than sexual battery. The trial court asked Staggs if she understood that she was pleading guilty to sexual battery, and Staggs responded affirmatively. The court also informed Staggs that she could receive the maximum penalty for sexual battery. |
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