Byrne v. State
| Docket Number: | 2009-CP-00985-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-16-2010 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Habitual offender status - Section 99-19-81 - Ineffective assistance of counsel - Evidentiary hearing Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-08-2009 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: CV2009-0067CD |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CHRISTOPHER M. BYRNE |
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 - Habitual offender status - Section 99-19-81 - Ineffective assistance of counsel - Evidentiary hearing |
| Summary of the Facts: | Christopher Byrne pled guilty to one count of conspiracy and one count of attempted felony shoplifting. Byrne was sentenced as a habitual offender to serve five years on the conspiracy charge and ten years post-release supervision on the attempted felony shoplifting charge. Byrne subsequently filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Habitual offender status Byrne argues that the State failed to prove that he had been convicted twice previously of a felony. Regardless of where or how Byrne served his prior sentences, his prior felony convictions met the requirements of section 99-19-81, namely that he had two prior, separate convictions for which he was sentenced to terms of one year or more in a state and/or federal penal institution. Issue 2: Ineffective assistance of counsel Byrne argues that his trial counsel was ineffective for failing to investigate the Tennessee convictions. The two prior Tennessee convictions were sufficient to meet the requirements of section 99-19-81, regardless of where his time was served. There was nothing for Byrne’s trial counsel to investigate regarding the Tennessee convictions. Issue 3: Evidentiary hearing Byrne argues that he was entitled to an evidentiary hearing. If it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief, the judge may make an order for its dismissal and cause the prisoner to be notified. In its order denying post-conviction relief, the trial court stated that it reviewed the pleadings and the court files and determined that no evidentiary hearing was necessary. There was no error committed by the trial court. |
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