Plummer v. State
| Docket Number: | 2005-CP-01885-COA Linked Case(s): 2005-CP-01885-COA ; 2005-CT-01885-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-20-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Statutory rape - Venue - Ineffective assistance of counsel - Voluntariness of plea Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, CARLTON, JJ. Non Participating Judge(s): ROBERTS, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-14-2005 Appealed from: Clarke County Circuit Court Judge: Larry Eugene Roberts Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED. Case Number: 2004-164(R) |
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| Party Name: | Attorney Name: | |||
| Appellant: | JOHNNY LAROND PLUMMER, A/K/A RON PLUMMER |
JOHNNY LAROND PLUMMER (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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: | Statutory rape - Venue - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Johnny Plummer pled guilty to statutory rape and was sentenced to twenty years, with ten years suspended. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Venue Plummer argues that the court lacked subject matter jurisdiction because the crime occurred in Lauderdale County rather than Clarke County. Plummer’s argument actually challenges the sufficiency of the State’s evidence of venue, rather than subject matter jurisdiction. Where there is sufficient evidence to lead a reasonable trier of fact to conclude that part or all of the crime occurred in the county where the case is being tried, then evidence of venue is sufficient. Plummer testified that he picked the child up in Pachuta and drove her to Lauderdale County, where they had sexual intercourse. Therefore, whether the crime actually occurred in whole or in part in Clarke County, by Plummer’s own admission the means by which he accomplished the crime at least commenced in Clarke County when he picked up his young victim to have sex with her. Therefore, the court had jurisdiction and venue of this case. Issue 2: Ineffective assistance of counsel Plummer argues that he was prejudiced by his attorney’s deficient performance because his attorney used lies and deceit to induce him to sign the petition to enter a plea of guilty. In the petition to enter a plea of guilty, Plummer acknowledged that his attorney was fully informed as to all of the facts and circumstances surrounding his case and that he did all that anyone could do to counsel and assist him. Thus, Plummer has failed to show that his attorney’s overall performance was deficient. Plummer also argues that his guilty plea was coerced and involuntary. A guilty plea is voluntary and intelligent only if the defendant has been advised concerning the nature of the charge against him and the consequences of the plea. During the guilty plea hearing, Plummer testified that he understood the crime with which he was charged, as well as any possible defenses he might have, and that he could possibly receive a sentence from zero to thirty years and a fine from zero to $10,000. In the petition to enter a plea of guilty, Plummer acknowledged that he read and understood the constitutional rights he waived by pleading guilty and that he was entering a plea of guilty freely and voluntarily. |
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