Joiner v. State
| Docket Number: | 2009-CA-00222-COA Linked Case(s): 2009-CA-00222-COA ; 2009-CT-00222-SCT ; 2009-CT-00222-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-20-2010 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Habitual offender status - Ineffective assistance of counsel 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: 01-15-2009 Appealed from: Lafayette County Circuit Court Judge: Andrew K. Howorth Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: LO8-357 |
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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: | Albert Joiner, Jr. |
JAMES D. MINOR |
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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 - Ineffective assistance of counsel |
| Summary of the Facts: | Albert Joiner, Jr., pled guilty to felony fleeing from a law enforcement officer and strong armed robbery. He was sentenced as a habitual offender to four years for felony fleeing and fifteen years for strong armed robbery. Joiner filed a motion for post-conviction relief, which was denied by the trial court. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Habitual offender status Joiner argues that the indictment failed to notify him that he was being charged as a habitual offender. While the plea petition does not list his prior felony convictions, Joiner voluntarily pleaded guilty to a reduced charge of “felony fleeing lesser habitual.” Joiner does not deny that he has five prior felonies. Because the reduced sentence was part of Joiner’s plea bargain, the record shows that Joiner was aware of his eligibility for sentencing as a habitual offender. Issue 2: Ineffective assistance of counsel Joiner argues his counsel was ineffective for allowing him to enter his guilty pleas as a habitual offender without supporting proof of his prior felony convictions. Joiner stated in his plea colloquy that his attorney had properly advised him of the charges and sentences, and he was satisfied with his attorney’s representation. Joiner was originally indicted for felony fleeing, armed robbery, and possession of a deadly weapon by a felon; and he faced a possible life sentence as a habitual offender. His attorney negotiated a deal wherein the armed-robbery charge was reduced to strong armed robbery, and the charge of felon in possession of a deadly weapon was dismissed. His attorney also negotiated a reduced sentence of nineteen years as a habitual offender under section 99-19-81 rather than a life sentence as a habitual offender under section 99-19-83. Thus, there is no merit to his claim. |
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