Thompson v. State


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Docket Number: 2006-CP-01134-COA

Court of Appeals: Opinion Link
Opinion Date: 05-08-2007
Opinion Author: LEE, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Search warrant - Ineffective assistance of counsel - Sentence
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

Trial Court: Date of Trial Judgment: 06-05-2006
Appealed from: Leake County Circuit Court
Judge: Vernon Cotten
Disposition: MOTION TO WITHDRAW GUILTY PLEA OR IN ALTERNATIVE MOTION TO VACATE SENTENCE IS DENIED AND DISMISSED.
Case Number: 06-CV-096-A-LE-C

  Party Name: Attorney Name:  
Appellant: DALE LAREN THOMPSON




DALE LAREN THOMPSON (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND  

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Topic: Post-conviction relief - Search warrant - Ineffective assistance of counsel - Sentence

Summary of the Facts: Dale Thompson pled guilty to Count I possession of precursor chemicals with intent to manufacture methamphetamine, Count II possession of methamphetamine, and Count IV possession of a firearm by a previously convicted felon. Thompson was sentenced to five years on Count I, three years on Count II, and one year on Count IV. Thompson filed a motion to withdraw his guilty plea or, in the alternative, motion to vacate and set aside his conviction and sentence on post-conviction relief. The court denied the motion, and Thompson appeals.

Summary of Opinion Analysis: Issue 1: Search warrant Thompson argues that the court erred in accepting his guilty plea because the search warrant used to obtain the precursors, guns, and methamphetamine from the property was illegally obtained. Thompson entered a guilty plea and is now procedurally barred from challenging the sufficiency of the search warrant. A valid plea waives the defendant’s right to make certain constitutional challenges, including those under the Fourth Amendment. Issue 2: Ineffective assistance of counsel Thompson argues that his counsel was ineffective, because his counsel failed to inform him of the speedy trial bar to prosecution, the only reason he pled guilty was because he was misled by his counsel, and his counsel allowed him to plead guilty in light of a defective search warrant. Thompson stated at his plea hearing that his attorney did a good job and fully investigated all counts against him. Thompson also stated in open court under oath that his guilty plea was given voluntarily and intelligently. Thompson has not shown any evidence that his attorney’s performance was deficient nor has he shown any resulting prejudice. Issue 3: Sentence Thompson argues that the court failed to advise him of the maximum and minimum penalties. Thompson’s argument is unfounded as the record of the plea hearing clearly shows that he was advised of the maximum and minimum penalties he faced.


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