Bowen v. State


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Docket Number: 2007-CA-01792-COA
Oral Argument: 09-17-2008
 

 

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Court of Appeals: Opinion Link
Opinion Date: 11-25-2008
Opinion Author: LEE, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Sentence - Voluntariness of plea
Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 09-05-2007
Appealed from: LOWNDES COUNTY CIRCUIT COURT
Judge: James T. Kitchens, Jr.
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: 2007-0013-CV1

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: WILLIAM BRENT BOWEN




RICHARD SHANE MCLAUGHLIN, NICOLE H. MCLAUGHLIN



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD  

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    Topic: Post-conviction relief - Sentence - Voluntariness of plea

    Summary of the Facts: William Bowen pled guilty to uttering a forgery. Bowen was sentenced to ten years, with ten years suspended and five years of probation. Bowen filed a motion for post-conviction relief. Shortly thereafter, the trial court found that Bowen had violated the terms of his suspended sentence. Bowen was then ordered to serve the entire ten years. His motion for post-conviction relief was denied. He appeals.

    Summary of Opinion Analysis: Issue 1: Sentence Bowen argues that his sentence was invalid since the amount involved in the crime was $250 and the statute provides for misdemeanor penalties when the value involved is less than $500. Section 97-21-33 clearly states that the imposition of the sentence is within the trial court. The trial judge noted that Bowen was indicted for the crime of felony uttering a forgery, and the State did not ask to remand the case to the Lowndes County Justice Court as a misdemeanor. Further, Bowen was properly advised of the minimum and maximum sentence for the crime of felony uttering a forgery. Issue 2: Voluntariness of plea Bowen argues that his guilty plea was not entered into voluntarily. A plea is considered voluntary and intelligent if the defendant is advised of the nature of the charge against him, the consequences of the plea, and the maximum and minimum penalties to which he may be sentenced. Bowen was advised of the minimum and maximum sentence for this felony conviction. He stated in open court that he knew the minimum and maximum sentence for the felony and that he was guilty of the felony.


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