Robertson v. State
| Docket Number: | 2006-CP-01477-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-27-2006 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2006-0274-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | AUDREY D. ROBERTSON |
AUDREY D. ROBERTSON (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: | Post-conviction relief - Voluntariness of plea |
| Summary of the Facts: | Audrey Robertson pled guilty to one count of burglary of a dwelling and was sentenced to fifteen years, with five years of post-release supervision. She filed a motion for post-conviction relief which was denied. She appeals. |
| Summary of Opinion Analysis: | Robertson argues that her guilty plea was involuntary because she was not aware of being indicted for burglary of a dwelling. She asserts that she only received an indictment for credit card fraud and forgery. A plea is considered voluntary and intelligent if the defendant is advised about the nature of the charge against him and the consequences of the entry of the plea. The trial judge noted that all of the charges, including burglary, were contained within the same indictment and that all of the offenses were part of a related series of events. The record supports this conclusion. Further, at the plea qualification hearing, Robertson admitted to the burglary, and stated that she understood the nature of the charges against her and that her plea was given voluntarily. |
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