Jones v. State
| Docket Number: | 2007-CP-00260-COA Linked Case(s): 2007-CP-00260-COA ; 2007-CT-00260-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-15-2008 Opinion Author: ISHEE, 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 AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, 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: 02-21-2007 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2007-0034-CV1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DANIEL LEWIS JONES A/K/A BIG DAN |
DANIEL LEWIS JONES (PRO SE) |
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| 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. |
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| Topic: | Post-conviction relief - Illegal sentence - Ineffective assistance of counsel |
| Summary of the Facts: | Daniel Jones pled guilty to possession of MDMA, in exchange for a recommendation from the State that a charge of possession of oxycodone and another unrelated charge be retired to the files. The court followed the State’s recommendation and sentenced Jones to eight years. Jones filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Illegal sentence Jones argues that his sentence was illegal because the State should not have been allowed to amend the indictment against him to charge him as a habitual offender. Indictments may be amended to charge the defendant as a habitual offender only if the defendant is afforded a fair opportunity to present a defense and is not unfairly surprised. Here, the record indicates that the State filed its motion to amend the indictment against Jones and charge him as a habitual offender in May 2004. However, the State’s motion was not granted until November 2004, almost six months later. This interval was sufficient time for Jones to file a motion in opposition or, in the alternative, to prepare to oppose the motion. Issue 2: Ineffective assistance of counsel Under the facts in this case, Jones cannot demonstrate that, in allowing the State to amend the indictment, the performance of his counsel was deficient. Jones received a favorable recommendation from the State in exchange for his plea. |
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