Turner v. State


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Docket Number: 2005-CP-02348-COA
Linked Case(s): 2005-CP-02348-COA ; 2005-CT-02348-SCT

Court of Appeals: Opinion Link
Opinion Date: 04-03-2007
Opinion Author: Lee, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Factual basis for plea - Ineffective assistance of counsel - Right to speedy trial
Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 11-30-2005
Appealed from: LOWNDES COUNTY CIRCUIT COURT
Judge: James T. Kitchens, Jr.
Disposition: TRIAL COURT DENIED POST-CONVICTION RELIEF.
Case Number: 2005-0029-CV1

  Party Name: Attorney Name:  
Appellant: SAM TURNER




SAM TURNER (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY  

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Topic: Post-conviction relief - Voluntariness of plea - Factual basis for plea - Ineffective assistance of counsel - Right to speedy trial

Summary of the Facts: Sam Turner pled guilty to one count of sale of cocaine and was sentenced to pay a fine of $5,000 and to serve twenty years. Turner filed a motion for post-conviction relief which was denied. He appeals.

Summary of Opinion Analysis: Issue 1: Voluntariness of plea Turner argues that his guilty plea was not entered into voluntarily or intelligently. A plea is considered voluntary and intelligent if the defendant knows the elements of the charge against him, understands the charge’s relation to him, what effect the plea will have, and what sentence the plea may bring. During the plea colloquy, Turner was informed of the charge against him, the effect of the plea, what rights he would waive if he pled guilty and the possible sentence he could receive. Thus, there is no merit to this issue. Issue 2: Factual basis for plea Turner argues that there was no factual basis for the trial judge to accept his guilty plea. An adequate factual basis for the plea may be formed by any record evidence before the court, including the defendant’s admission of guilt. Turner admitted that he had committed the crime. Issue 3: Ineffective assistance of counsel Turner argues that his trial counsel was ineffective. Turner fails to support his allegations and mainly uses this issue to reassert his innocence. Thus, the issue is without merit. Issue 4: Right to speedy trial Turner argues that he was deprived of his right to a speedy trial. However, a valid guilty plea operates as a waiver of all non-jurisdictional defects or rights incidental to trial including a defendant’s right to a speedy trial.


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