Johnson v. State
| Docket Number: | 2007-CP-01649-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Right against self-incrimination - Lesser-included offense - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, 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: 09-12-2007 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2007-169 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ALEX DURODE JOHNSON III |
ALEX DURODE JOHNSON III (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: | Post-conviction relief - Right against self-incrimination - Lesser-included offense - Ineffective assistance of counsel |
| Summary of the Facts: | Alex Johnson entered a guilty plea to possession of cocaine. Johnson was sentenced to twelve years, with eight years to serve and four years suspended pursuant to compliance with four years of post-release supervision. Johnson filed a motion for post-conviction collateral relief, which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right against self-incrimination Johnson argues that his guilty plea was not voluntarily and intelligently entered because he was never advised of his right to avoid self-incrimination. Johnson’s argument is contradicted by the record. Issue 2: Lesser-included offense Johnson argues that the court erred when it accepted Johnson’s guilty plea to the lesser-included offense of possession of cocaine. A defendant may be convicted of an inferior offense necessarily included within the more serious offense charged in the indictment. Johnson was charged with possession of cocaine with intent to sell, but he pleaded guilty to simple possession of cocaine. Possession of a controlled substance is a lesser-included-offense of possession of a controlled substance with the intent to distribute. Issue 3: Ineffective assistance of counsel Johnson argues that he received ineffective assistance of counsel, because his attorney failed to inform him of the elements of the crime and possible defenses, conduct an investigation and interviews, and bring the intimidation complaint to the circuit court’s attention. Johnson provides no more that his own statement to establish that his counsel failed to inform him of the elements of the crime and possible defenses. In fact, this argument is completely contrary to Johnson’s sworn testimony at the plea hearing. With regard to interviewing witnesses, Johnson fails to show how counsel’s deficiency in not interviewing these witnesses resulted in any prejudice or how the witnesses’ testimony would have altered the outcome. Johnson had the opportunity to tell the circuit judge that he felt he was being coerced, but did not do so. Instead, he stated under oath that it was his voluntary decision to enter a guilty plea. Thus, Johnson fails to show any deficiency on the part of his counsel. |
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