Swift v. State
| Docket Number: | 2007-CP-00790-COA Linked Case(s): 2007-CP-00790-SCT ; 2007-CP-00790-COA ; 2007-CT-00790-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-26-2008 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea Judge(s) Concurring: King, C.J., Lee, 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: 04-11-2007 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2000-57 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ANTHONY SWIFT |
ANTHONY SWIFT (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Voluntariness of plea |
| Summary of the Facts: | Anthony Swift pled guilty to the possession of cocaine. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Swift argues that his plea was entered involuntarily and unknowingly because he was unaware that the trial court allowed an amendment of the indictment to change the charge to a lesser offense. The record demonstrates that Swift was well aware of the charge to which he pled guilty. Swift’s attorney represented to the court that Swift was aware of the charge to which he was pleading guilty, and the trial judge confirmed this fact while questioning Swift during the plea colloquy. Swift’s responses to the court’s examination demonstrated his understanding of the charges against him. |
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