Young v. State
| Docket Number: | 2006-CP-00114-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-27-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Validity of indictment - Validity of plea - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Concurs in Result Only: IRVING, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 12-07-2005 Appealed from: Itawamba County Circuit Court Judge: Thomas J. Gardner Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: CV05-118GI |
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| Party Name: | Attorney Name: | |||
| Appellant: | JIMMY WAYNE YOUNG |
JIMMY WAYNE YOUNG (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Validity of indictment - Validity of plea - Ineffective assistance of counsel |
| Summary of the Facts: | Jimmy Young entered a guilty plea for the crimes of burglary of a dwelling and grand larceny. He was sentenced to twenty years, eight to serve, twelve suspended, for burglary of a dwelling, and ten years suspended for grand larceny. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Validity of indictment Young argues that the indictment charging him with burglary of a dwelling is faulty because the structure did not qualify as a dwelling. By entering a guilty plea, Young not only confessed to the actions as charged in the indictment but also stipulated that the prosecution did not need to advance evidence of guilt. In addition, there is more than enough information to conclude that the cabin is a dwelling for purposes of the burglary of a dwelling statute. Issue 2: Validity of plea Young argues that his plea was not valid, because he was improperly charged with burglary of a dwelling. Since the cabin was a dwelling, there is no merit to this issue. Issue 3: Ineffective assistance of counsel Young argues that his plea is the result of ineffective assistance of counsel, because his attorney allowed him to bargain for an illegal sentence. At the plea hearing, Young assured the trial judge that nobody had threatened him but that his plea was voluntary. Young also assured the trial judge that nobody had pressured or forced him to submit his plea, and that nobody told him he had to plead guilty. Young communicated to the judge that he thought his attorney properly advised him before pleading guilty and represented Young’s best interest in handling this case. Considering the totality of the circumstances, Young was not subject to constitutionally inadequate counsel. |
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