Calvert v. State


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Docket Number: 2007-CA-00604-COA

Court of Appeals: Opinion Link
Opinion Date: 03-04-2008
Opinion Author: GRIFFIS, J.
Holding: Appeal Dismissed

Additional Case Information: Topic: Post-conviction relief - Validity of plea - Jurisdiction
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Concurs in Result Only: IRVING, J.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 03-19-2007
Appealed from: LEE COUNTY CIRCUIT COURT
Judge: Paul S. Funderburk
Disposition: DENIED WITHDRAWAL OF GUILTY PLEA
Case Number: CV06-212(G)L

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: DARIOUS CALVERT A/K/A D.C. A/K/A D-GULLY




ROBERT SNEED LAHER



 
  • Appellant #1 Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND  

    Synopsis provided by:

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    Topic: Post-conviction relief - Validity of plea - Jurisdiction

    Summary of the Facts: Darious Calvert pled guilty to possession of methamphetamine with intent to sell, transfer, or distribute while in possession of a firearm. The circuit court sentenced Calvert to the State’s recommended sentence of sixteen years, with ten years suspended, and a fine of $5,000, with $3,500 suspended. Calvert filed a motion to withdraw his guilty plea which the court denied. He appeals.

    Summary of Opinion Analysis: The Court does not have jurisdiction to consider Calvert’s appeal from the circuit court’s order because a direct appeal is not proper once a defendant enters a guilty plea. Because Calvert only attacks the plea itself and makes no assignment of error regarding the validity of his sentence, the Court is without jurisdiction and must dismiss this appeal.


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