Moody v. State


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Docket Number: 2005-CA-01732-COA

Court of Appeals: Opinion Link
Opinion Date: 06-19-2007
Opinion Author: KING, C.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Additional charges - Excessive sentence
Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 08-18-2005
Appealed from: LOWNDES COUNTY CIRCUIT COURT
Judge: James T. Kitchens, Jr.
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: 2005-0085-CV1

  Party Name: Attorney Name:  
Appellant: JOHNATHAN MOODY A/K/A JONATHAN EARL MOODY A/K/A TOJO




SYLVIA S. OWEN



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENR  

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Topic: Post-conviction relief - Voluntariness of plea - Additional charges - Excessive sentence

Summary of the Facts: Johnathan Moody pled guilty to the sale of cocaine and was sentenced to fourteen years, with five years of post- release supervision. Moody filed a motion for post-conviction relief which was dismissed. He appeals.

Summary of Opinion Analysis: Issue 1: Voluntariness of plea Moody argues that his plea was not knowingly entered because he was not informed of the plea’s nature until the entry of the guilty plea was already in progress. Moody says he was told his plea would be pursuant to a plea agreement, as opposed to an open plea. However, the record indicates Moody was advised about the nature of the charges against him, including the rights which he surrendered by entering his guilty plea. Moody’s signed and sworn guilty plea petition indicated his plea would be open. Issue 2: Additional charges During the guilty plea hearing, the State requested the court to retire Moody’s three additional conspiracy charges to the file. Moody argues that the State should not have been allowed to comment on these additional charges because they were not included in the pre-sentencing report and, therefore, improperly considered by the judge as aggravating factors during sentencing. Even if the court considered the additional conspiracy charges as aggravating factors, Moody’s argument still has no merit. The trial judge has broad discretion in the evidence he may consider during a sentencing hearing. There is no indication that the court considered the conspiracy charges as aggravating factors during the sentencing hearing. Issue 3: Excessive sentence Moody argues that the court erred by imposing a disproportionate and excessive sentence when it sentenced him to fourteen years imprisonment, with five years of post release supervision, and a fine of $5,000. However, Moody’s sentence fell within the appropriate statutory guidelines.


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