Lockhart v. State
| Docket Number: | 2007-CP-00523-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-22-2008 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Frederick Lockhart pled guilty to burglary of a dwelling and was sentenced to twenty-five years. He filed a petition for post-conviction relief which was summarily denied. Lockhart appeals. Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND CARLTON, JJ. Non Participating Judge(s): ROBERTS, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 03-06-2007 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 06-CV-077 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | FREDERICK D. LOCKHART |
FREDERICK D. LOCKHART (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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: | Frederick Lockhart pled guilty to burglary of a dwelling and was sentenced to twenty-five years. He filed a petition for post-conviction relief which was summarily denied. Lockhart appeals. |
| Summary of the Facts: | Frederick Lockhart pled guilty to burglary of a dwelling and was sentenced to twenty-five years. He filed a petition for post-conviction relief which was summarily denied. Lockhart appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Lockhart argues that his counsel was ineffective, alleging that he was coerced by his attorney to take a “blind” plea to an offense that he never committed. Lockhart has failed to provide any evidence which purports to show that his guilty plea was coerced. At Lockhart’s plea hearing, the judge explained to him the charges against him, his rights, and the effects and consequences of the plea. Lockhart was specifically asked whether he was coerced into making the plea to which he responded that he was not. Furthermore, Lockhart provides no evidence to support his claim that his indictment was factually defective. The circuit court found that Lockhart was properly indicted for the crime of burglary. Lockhart’s attorney cannot be found deficient for failing to object to the indictment. Issue 2: Voluntariness of plea A guilty plea is voluntary and intelligent if the defendant has been advised concerning the nature of the charge against him and the consequences of the plea. Lockhart argues that his guilty plea was not made voluntarily because he was not advised of the nature of the charges against him. However, the record shows otherwise. During the plea hearing, Lockhart testified that he understood the crime with which he was charged, as well as what the prosecution had to prove and the possible defenses available to him. |
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