Sago v. State
| Docket Number: | 2006-CP-01881-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Amendment of indictment - Probation - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 10-12-2006 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF Case Number: 251-06-220 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | VERNELL SAGO A/K/A VARNELL SAGO A/K/A VERNALL SAGO |
VERNELL SAGO (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY | ||
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 - Voluntariness of plea - Amendment of indictment - Probation - Ineffective assistance of counsel |
| Summary of the Facts: | Vernell Sago pled guilty to the crime of business burglary and was sentenced to five years with two years supervised probation. Sago filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Sago argues that his plea was involuntary because he was promised a lesser sentence. It is clear from the record that Sago was indicted as a habitual offender with two prior felonies, but he was ultimately sentenced as a non-habitual offender. However, the result of Sago’s failure to present a full record (a transcript of Sago’s guilty plea proceeding or his petition to enter a guilty plea) is that the presumption of correctness stands unrebutted. Issue 2: Amendment of indictment Sago argues that the court erred in allowing the State to amend the indictment to charge him with business burglary rather than house burglary. A valid guilty plea admits all elements of a formal charge and operates as a waiver of all non-jurisdictional defects contained in an indictment. Issue 3: Probation Sago argues that the court erred in sentencing him to two years probation because, as a convicted felon, he was not eligible for probation. The right to be free from illegal sentences applies to sentences where the defendant suffers a greater sentence rather than the luxury of a lesser sentence. Issue 4: Ineffective assistance of counsel Sago argues that his trial counsel was ineffective, because his attorney was not working in his best interest. Sago’s counsel was not ineffective considering that Sago’s sentence was less than if he had been sentenced as a habitual offender. |
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