Myles v. State


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Docket Number: 2007-CP-01165-COA

Court of Appeals: Opinion Link
Opinion Date: 08-12-2008
Opinion Author: CHANDLER, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 06-01-2007
Appealed from: RANKIN COUNTY CIRCUIT COURT
Judge: Samac Richardson
Disposition: THE MOTION FOR POST-CONVICTION RELIEF WAS DENIED.
Case Number: 2007-0118-R

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: JOHN ROLAND MYLES, JR.




JOHN ROLAND MYLES, JR. (PRO SE)



 
  • Appellant #1 Brief
  • Supplemental Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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    Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel

    Summary of the Facts: John Myles, Jr. pled guilty to grand larceny and was sentenced to ten years. He filed a motion for post-conviction relief which was denied. He appeals.

    Summary of Opinion Analysis: Issue 1: Voluntariness of plea Myles argues that his guilty plea was involuntary. It is requisite to a voluntary guilty plea that the defendant is advised of the charges against him and the consequences of the plea. The transcript of Myles's plea hearing indicates that Myles was fully informed of the nature of the charge against him and the consequences of the guilty plea. The circuit court informed Myles of the constitutional rights waived by a guilty plea, and Myles stated that he understood. The circuit court may disregard the movant's own assertions when they are substantially contradicted by the court record of the proceedings that culminated in the guilty plea. Myles's assertions were substantially contradicted by the plea hearing transcript in which Myles told the circuit court that he understood the State was recommending the maximum penalty of ten years in exchange for his guilty plea to the reduced charge of grand larceny. Issue 2: Ineffective assistance of counsel Myles argues that his attorney's misrepresentation about the State's sentencing recommendation constituted ineffective assistance of counsel. Even if Myles believed the State would recommend a five-year sentence, the State, at the plea hearing, actually recommended a ten-year sentence; the circuit court ascertained that Myles understood the ten-year recommendation; and the court gave Myles the opportunity to withdraw the guilty plea after the State made the ten-year recommendation. Therefore, Myles did not show a reasonable probability that, but for counsel's erroneous advice, he would not have pleaded guilty, but would have insisted on going to trial.


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