Jones v. State
| Docket Number: | 2006-CP-00469-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-20-2007 Opinion Author: LEE, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Evidentiary hearing Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-06-2006 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED WITH PREJUDICE Case Number: 2004-0038 |
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| Note: | DISPOSITION: REVERSED AND REMANDED FOR AN EVIDENTIARY HEARING - 02/20/2007 | |
| Party Name: | Attorney Name: | |||
| Appellant: | RICKEY JONES |
RICKEY JONES (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Voluntariness of plea - Ineffective assistance of counsel - Evidentiary hearing |
| Summary of the Facts: | Rickey Jones pled guilty to three counts of armed robbery. He was sentenced to three concurrent thirty year sentences with twelve years suspended and eighteen years to serve. Jones filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Jones argues that the court erred in denying his motion for post-conviction relief, because his plea was entered into involuntarily and his attorney was ineffective. To survive summary dismissal, a collateral attack on a facially correct plea must include supporting affidavits of other persons. Furthermore, Jones must allege facts which require further inquiry in the expanded setting of an evidentiary hearing. Although the plea colloquy is not included in the record, a copy of a petition to enter guilty plea signed by Jones states that Jones understood his rights, the maximum and minimum sentence, and was pleased with his attorney’s representation. Jones does state that the recommendation by the district attorney was written in the petition as twenty years with eight suspended and twelve to serve, but was later changed to reflect the actual sentence Jones received. Some of the numbers in the petition were changed but it is unclear when they were changed, by whom they were changed or what the numbers were prior to the change. Therefore, Jones’ post-conviction relief motion was sufficient to withstand dismissal and the case is remanded for an evidentiary hearing. |
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