Dickerson v. State
| Docket Number: | 2008-CP-01149-COA Linked Case(s): 2008-CP-01149-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-17-2009 Opinion Author: IRVING, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Competency hearing - Ineffective assistance of counsel - Illegal sentence - Evidentiary hearing Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-09-2008 Appealed from: Grenada County Circuit Court Judge: Joseph H. Loper Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2008-021-CV-L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RICHARD K. DICKERSON |
RICHARD K. DICKERSON (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT | ||
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 - Competency hearing - Ineffective assistance of counsel - Illegal sentence - Evidentiary hearing |
| Summary of the Facts: | Richard Dickerson pled guilty to one count of aggravated assault and one count of armed robbery. He was sentenced on each count to 19 years and 350 days, with 19 years suspended and 19 years of post-release supervision. After serving the 350 days, Dickerson was released on post-release supervision for 19 years. Sometime thereafter, Dickerson violated the terms and conditions of his post-release supervision. Accordingly, Dickerson’s post-release supervision was revoked, and he was ordered to serve 19 years. Dickerson filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Dickerson argues that his guilty plea was involuntary. If the defendant is advised regarding the nature of the charge and the consequences of the plea, it is considered voluntary and intelligent. Dickerson’s plea was voluntarily and intelligently entered, as he acknowledged that his attorney had advised him of the nature of the charges against him and the consequences of his guilty plea. Further, he was informed of his right to have a jury decide whether he committed aggravated assault and armed robbery as well as of the consequences of waiving his right to a jury trial. Dickerson's argument that he should have been afforded a competency hearing is barred as it is raised for the first time on appeal. Dickerson argues that his attorney failed to inform the court of his mental status. However, Dickerson did not inform the court of any mental disability that he suffers from when he had the opportunity to do so. Dickerson argues that his attorney failed to advise him of the maximum and minimum sentences applicable to the charges and of the elements of the charges against him. However, the record clearly belies his claims. Dickerson argues that his sentence is illegal because he was released on post-release supervision the day that he was sentenced. The circuit judge ordered Dickerson released on post-release supervision after he served 350 days. However, because Dickerson was given credit for time that he had already served, he was released on post-release supervision the same day. There is nothing illegal about this. Dickerson also argues that the circuit court erred in failing to grant him an evidentiary hearing, because the circuit judge did not inform him that by pleading guilty he waived his right to a jury trial. However, the record contradicts this assertion. |
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