Tran v. State
| Docket Number: | 2006-KA-01394-COA Linked Case(s): 2006-CA-01394-COA ; 2006-KA-01394-COA ; 2006-CT-01394-SCT ; 2006-KA-01394-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary, Armed robbery & Aggravated assault - Right to speedy trial - Duress defense - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., MYERS, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concurs in Result Only: IRVING, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-19-2003 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: CONVICTED OF COUNT I, BURGLARY, COUNT II, ARMED ROBBERY, AND COUNT III, AGGRAVATED ASSAULT, AND SENTENCED TO TWENTY-FIVE YEARS ON COUNT I AND TWENTY YEARS ON COUNT III, WITH SENTENCES TO RUN CONCURRENTLY, AND SENTENCED TO TEN YEARS ON COUNT II, WITH SENTENCE IN COUNT II TO RUN CONSECUTIVELY TO CONCURRENT SENTENCES OF COUNTS I AND III. ALL SENTENCES TO BE SERVED IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Cono A. Caranna, II Case Number: B2402-2001-00522 |
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| Consolidated: Consolidated with 2004-KA-00840-COA Loi Quoc Tran v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00522 | ||
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LOI QUOC TRAN |
GLENN S. SWARTZFAGER,
AUSTIN R. NIMOCKS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
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| Topic: | Burglary, Armed robbery & Aggravated assault - Right to speedy trial - Duress defense - Ineffective assistance of counsel |
| Summary of the Facts: | On September 19, 2003, Loi Quoc Tran was convicted of Count I, burglary; Count II, armed robbery; and Count III, aggravated assault. Tran was sentenced to twenty-five years on Count I, ten years on Count II, and twenty years on Count III. Tran, after being appointed new counsel, filed his notice of appeal on April 9, 2004. The Court of Appeals dismissed Tran’s appeal sua sponte because the notice of appeal was filed untimely. Tran then filed a motion for post-conviction relief in the supreme court, which was granted. He now appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to speedy trial Tran argues that the court erred in failing to properly consider his motion to dismiss for a violation of his statutory right to a speedy trial. He argues that his statutory right to a speedy trial was violated under section 99-17-1. Although Tran was not tried until well past the 270-day deadline, a defendant who fails to raise the statutory right to a speedy trial within 270 days of his arraignment acquiesces to the delay. Issue 2: Duress defense Tran argues that the court erred in failing to allow him to present a duress defense to the jury. However, he fails to point out that his duress defense was presented to the jury by a witness for Tran, by a jury instruction, and during his counsel’s closing argument. Issue 3: Ineffective assistance of counsel Tran argues that his trial counsel committed forty-nine errors. Not only are some of his arguments barred since he cites no authority, but he has failed to demonstrate that his trial counsel was ineffective. |
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