Goudy v. State
| Docket Number: | 2007-CP-01569-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-09-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee, P.J., Iriving, Chandler, Griffis, Barners, 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: 08-22-2007 Appealed from: Harrison County Circuit Court Judge: Lisa P. Dodson Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: A2402-2007-00097 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | SAMUEL LEWIS GOUDY, JR. A/K/A
SAMMUEL L. GOUDY, JR. |
SAMUEL LEWIS GOUDY, JR.(PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
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 - Illegal sentence - Ineffective assistance of counsel |
| Summary of the Facts: | Samuel Goudy, Jr. pled guilty to the sale of cocaine. He received a thirty-year sentence. Goudy’s sentence was suspended, provided that he comply with several conditions. Goudy did not comply with the conditions imposed, and his suspended sentence was revoked. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Illegal sentence Goudy argues that his original sentence was illegal, because he was placed on probation and received a suspended sentence with the trial court’s knowledge of his prior convictions for transfer of a controlled substance. The trial court, within its judicial discretion, lawfully placed conditions on his suspended sentence. Moreover, Goudy’s combined periods of incarceration and post-release supervision do not exceed the maximum penalty statutorily prescribed for the felony offense committed. Regardless of the trial court’s failure to cite statutory authority in its sentencing order, it clearly gave a proper sentence within the statutory guidelines. Issue 2: Ineffective assistance of counsel Goudy argues he received ineffective assistance of counsel because his attorney did not sufficiently pursue his constitutional right to a speedy trial. Goudy pled guilty to transfer of a controlled substance. His attorney elected not to pursue the speedy trial issue perhaps as a trial strategy in that it would provide leverage for Goudy to use the speedy trial issue as a fallback position if his plea was adverse. This decision falls within the ambit of trial strategy and cannot give rise to an ineffective assistance of counsel claim. |
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