Garner v. State
| Docket Number: | 2007-CP-00600-COA Linked Case(s): 2007-CP-00600-SCT ; 2007-CP-00600-COA ; 2007-CT-00600-SCT ; 2007-CT-00600-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 10-14-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 03-22-2007 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: POST-CONVICTION RELIEF - DISMISSED Case Number: C106-0183 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | THOMAS GLEN GARNER |
THOMAS GLEN GARNER (PRO SE) |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
|
|
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. |
|
| Topic: | Post-conviction relief - Illegal sentence - Ineffective assistance of counsel |
| Summary of the Facts: | Thomas Garner pled guilty to the charge of aggravated assault. Garner was sentenced to ten years. The execution of the sentence was suspended for a three-year period of post-release supervision. When the court later determined that Garner violated the terms of his post-release supervision by testing positive for crystal methamphetamine, the post-release supervision was revoked, and Garner was ordered to serve the full ten-year sentence. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Illegal sentence Garner argues that his sentence was improper because it did not contain a valid term of post-release supervision, since he was a previously convicted felon. Garner’s sentence was suspended under section 47-7-34, and he was given post-release supervision for a three-year period. Garner was required to meet certain terms under the post-release supervision agreement, but subsequently failed two drug tests and failed to pay his fine, assessment, restitution, and court costs during the supervision period. As a result, his post release supervision was revoked, and the suspended sentence of ten years was imposed on Garner for his guilty plea to aggravated assault. Therefore, this issue is without merit. Issue 2: Ineffective assistance of counsel Garner argues that he received ineffective assistance of counsel when his attorney failed to object to the terms of his sentence. Garner has failed to meet his burden of proof in demonstrating that his counsel’s performance was deficient. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
