Robinson v. State
| Docket Number: | 2006-CP-00283-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-11-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Excessive sentence - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, 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: 04-13-2006 Appealed from: Choctaw County Circuit Court Judge: Clarence E. Morgan, III Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2006-017-CV-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | EUGENE L. ROBINSON |
EUGENE L. ROBINSON (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY |
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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 - Excessive sentence - Ineffective assistance of counsel |
| Summary of the Facts: | Eugene Robinson pled guilty to armed robbery. He was sentenced to thirty years. Robinson filed a motion requesting post-conviction relief which the court denied. Robinson appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Robinson argues that his plea was involuntary because his attorney advised him to take the guilty plea and receive a thirty year sentence or go to trial and risk a life sentence. A plea of guilty is not voluntary if induced by fear, violence, deception, or improper inducements. Robinson’s counsel’s advice did not rise to the level of coercion. If the attorney believes that it is in his client’s best interest to plead guilty, it is his duty to inform him of that fact. Robinson’s counsel felt that it was in his client’s best interest to plead guilty and advised him of such. Issue 2: Excessive sentence Robinson argues that the factual basis underlying the plea is only enough to find him guilty of accessory after the fact and that the trial court wrongfully denied him early release, probation, or parole. While Robinson is correct that there must be a factual basis underlying the plea, there was such a factual basis presented here to support a guilty plea of armed robbery. After the reading of the indictment which detailed the crime, the trial court asked Robinson if he committed the crime charged. He responded, “Yes.” With regard to his other argument, early release and parole are matters of legislative grace and are not consequences of a guilty plea. The trial court is not required to explain it. In addition, the trial court was not in error when it stated that due to the nature of the charge, robbery through the display of a deadly weapon, Robinson would be required to serve the entire sentence, because section 47-7-3 (d)(ii) provides that “no person who commits a robbery by displaying a deadly weapon shall be eligible for parole.” Issue 3: Ineffective assistance of counsel Robinson argues that his counsel was ineffective, because he should have only been convicted for accessory after the fact at most; he was never informed of the consequences of the guilty plea; he was subject to more than the thirty years of imprisonment to which he agreed in his plea bargain; and his attorney failed to investigate the crime. Robinson has failed to overcome the presumption that his counsel was effective and further failed to demonstrate with particularity how his defense was prejudiced due to ineffective assistance of counsel. |
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