Phillips v. State
| Docket Number: | 2009-CP-00252-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-12-2010 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Plea agreement - Administrative relief - Ineffective assistance of counsel - Drug court - Credit for time served - Section 99-19-23 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, 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: 12-18-2008 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED Case Number: CV2008-347 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DARRELL W. PHILLIPS |
PRO SE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT | ||
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| Topic: | Post-conviction relief - Defective indictment - Plea agreement - Administrative relief - Ineffective assistance of counsel - Drug court - Credit for time served - Section 99-19-23 |
| Summary of the Facts: | Darrell Phillips pled guilty to felony shoplifting and was sentenced to five years followed by five years of post-release supervision. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment Phillips argues that there was insufficient evidence to charge him with felony shoplifting because the case of cigarettes that he stole had not yet been put out for display in the market. A guilty plea waives any claim to a defective indictment. By entering his guilty plea, Phillips fully admitted to the circuit court that he was guilty of shoplifting merchandise with a value greater than $500. Issue 2: Plea agreement Phillips argues that the circuit court failed to give him the sentence that was included in his plea petition. However, Phillips has offered no proof of this claim. Issue 3: Administrative relief Phillips argues that the court incorrectly held that the decision to release him is an executive decision to be made by the MDOC. A motion for post-conviction relief is not the proper means by which to seek credit for time served. Phillips must first seek relief from the administrative system of the MDOC before proceeding in the courts. Issue 4: Ineffective assistance of counsel Phillips argues that he received ineffective assistance of counsel during the plea proceedings. Phillips provides no proof of such allegations other than his own affidavit, and his claims on appeal are completely contradicted by the record. Phillips stated under oath that he was satisfied with the services rendered by his counsel and that he had no complaints whatsoever about his representation. Issue 5: Drug court Phillips argues that he had a right to have his case transferred to the Seventeenth Judicial District Drug Court. However, there is no right to attend drug court. Issue 6: Credit for time served Phillips argues that he deserves credit for the time he served in Tennessee while he waited to enter his guilty plea and be sentenced in DeSoto County. However, section 99-19-23 has no application to time served in another state while an accused is awaiting return to this State to face criminal charges. |
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