Moody v. State
Docket Number: | 2005-CA-01732-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 06-19-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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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 |
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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 |
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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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