Poss v. State
| Docket Number: | 2006-CP-00370-COA Linked Case(s): 2006-CP-00370-COA |
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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: Post-conviction relief - Potential sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND CARLTON, JJ. Concurs in Result Only: Roberts, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-31-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Paul S. Funderburk Disposition: MOTION FOR POST-CONVICTION RELIEF BE AND SAME IS DISMISSED. Case Number: CV05-113(PF)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | DERRICK POSS |
DERRICK POSS (PRO SE) |
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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 - Potential sentence |
| Summary of the Facts: | Derrick Poss pled guilty to armed robbery and was sentenced to twenty years, with fifteen years to serve. He filed a petition for post-conviction relief which was summarily denied. He appeals. |
| Summary of Opinion Analysis: | Poss argues that his counsel erroneously informed him, off the record, that he would be eligible for parole after serving twenty-five percent of his sentence. Where erroneous legal advice on sentencing has been given to a defendant by his counsel, no error attaches if the record affirmatively shows the defendant was correctly advised of his peril by the sentencing court. It is clear that Poss was thoroughly questioned and fully advised of his potential sentence by the trial court. |
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