Lawrence v. State
| Docket Number: | 2006-CP-01389-COA Linked Case(s): 2006-CP-01389-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Production of records - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): IRVING, J. Procedural History: PCR: Dismissal 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: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2005-0560-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | BRUCE LAWRENCE |
BRUCE LAWRENCE (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 - Voluntariness of plea - Production of records - Ineffective assistance of counsel |
| Summary of the Facts: | Bruce Lawrence pled guilty to the charge of murder and was sentenced to life imprisonment. Lawrence filed a petition for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Lawrence argues that his court-appointed counsel induced him to change his plea to guilty after the State had presented and rested its case-in-chief by stating that Lawrence would only receive a twenty-year sentence for murder. The record is replete with evidence that Lawrence was fully advised and understood the consequences of changing his plea from not guilty to guilty at the conclusion of the State’s case-in-chief on the charge of murder. Furthermore, the transcript of the plea hearing reflects the court’s questioning of Lawrence regarding the consequences of entering a plea of guilty and that the only sentence to be imposed to such plea to murder was life imprisonment. Issue 2: Production of records Lawrence argues that the court should not have denied his motion for production of records, specifically his request for the transcript of his partial trial. Although Lawrence’s motion did not withstand summary dismissal, Lawrence was still provided with the transcript of his guilty plea and other relevant documents pertaining to his motion for post-conviction collateral relief. Issue 3: Ineffective assistance of counsel Lawrence argues he received ineffective assistance of counsel because counsel told him that if he entered a guilty plea to murder that Lawrence would receive a sentence of twenty years. There is nothing in the record to support this contention. Furthermore, there is ample evidence to support the lower court’s finding that Lawrence knew and understood that by entering a plea of guilty to the charge of murder there was but one sentence the court could impose, that being a term of life imprisonment. |
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