Steele v. State
| Docket Number: | 2007-CP-00259-COA Linked Case(s): 2007-CP-00259-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Amended sentence - Right to appeal - 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: 01-12-2007 Appealed from: PERRY COUNTY CIRCUIT COURT Judge: Robert Helfrich Disposition: DENIED THE MOTION FOR POSTCONVICTION RELIEF Case Number: 2006-0017CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CHARLIE WILL STEELE, JR. A/K/A CHARLIE W. STEELE |
CHARLIE WILL STEELE, JR. (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER | ||
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 - Amended sentence - Right to appeal - Ineffective assistance of counsel |
| Summary of the Facts: | Charlie Steele, Jr. was convicted of manslaughter and was sentenced to twenty years. Steele filed a motion to reconsider his sentence, and the trial judge reduced Steele’s sentence to twenty years, with ten years to serve, ten years suspended, and five years of probation. Steele advised the trial court that he would withdraw his motion for a new trial and would not pursue an appeal. Steele later filed a motion for post-conviction relief to vacate and set aside his conviction and sentence. The trial court denied the motion, and Steele appeals. |
| Summary of Opinion Analysis: | Steele argues that the judge erred in amending his sentence because the amended sentence exceeded the original sentence. Steele also argues that he waived his right to appeal in exchange for the original sentence; thus, the imposition of the amended sentence invalidates the waiver. Steele’s failure to protest his sentence during sentencing constitutes a procedural bar. Steele also argues that he was denied his right to an appeal. The trial judge determined that Steele was clearly aware of his right to appeal, and there was no error with the trial judge’s determination. Steele argues that his trial counsel was ineffective for advising Steele to waive his right to appeal and for obtaining a lesser sentence when the new sentence was technically greater than the initial sentence. Steele’s trial counsel was not ineffective for getting the trial judge to reduce Steele’s actual time served in prison by ten years. |
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