Calvert v. State
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 |
|
|
Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND |
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. |
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. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court