Edge v. State


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Docket Number: 2006-CP-00012-COA

Court of Appeals: Opinion Link
Opinion Date: 07-17-2007
Opinion Author: CHANDLER, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Ineffective assistance of counsel - Evidentiary hearing
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

Trial Court: Date of Trial Judgment: 12-08-2005
Appealed from: Itawamba County Circuit Court
Judge: Sharion R. Aycock
Disposition: POST-CONVICTION RELIEF DENIED
Case Number: CV05-117AI

  Party Name: Attorney Name:  
Appellant: JAMES RAY EDGE, JR. A/K/A BUDDY




JAMES RAY EDGE, JR. (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Post-conviction relief - Ineffective assistance of counsel - Evidentiary hearing

Summary of the Facts: James Edge, Jr. pled guilty to burglary of an occupied dwelling and was sentenced to twenty years, with ten years to serve and ten years suspended with five years on post-release supervision. He filed a motion for post-conviction relief which was dismissed. He appeals.

Summary of Opinion Analysis: Issue 1: Ineffective assistance of counsel Edge argues that, due to the deficient performance of his attorneys and the erroneous advice given, his guilty plea was involuntary. Throughout his proceedings with Edge, it is undisputed that the first attorney advised Edge to plead not guilty. On appeal, a not guilty plea is exactly what Edge claims he would have entered had it not been for certain advice given to him by the substitute counsel, not the first attorney. The record contains no evidence to prove that the first attorney failed in his duties as Edge’s counsel. Edge claims that his substitute counsel gave him erroneous advice about parole eligibility by assuring him that he would be eligible for parole after serving only twenty-five percent of his sentence. The record is void of any evidence to corroborate what the substitute counsel told Edge, beyond Edge’s implicit assertions in his PCR motion. Further, the trial court explicitly informed Edge that he would be required to serve the full ten years of his sentence. Issue 2: Evidentiary hearing An evidentiary hearing should be granted where the record was so inadequate that it was impossible to determine whether the defendant really understood the nature of his guilty plea. Edge’s petition to enter a guilty plea is not contained in the record. The only evidence available is his implicit assertion in his PCR motion that his substitute counsel provided him with erroneous information regarding parole eligibility. Without more, the Court is unable to say that the trial court erred by dismissing Edge’s PCR motion.


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