Sayles v. State
| Docket Number: | 2009-CP-00376-COA Linked Case(s): 2009-CT-00376-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2010 Opinion Author: Myers, P.J. Holding: The judgment of the Circuit Court of Tunica County denying the motion for post-conviction relief is affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Section 41-29-139(b)(1) - Speedy trial Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-17-2009 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2005-0017 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Oscar Sayles |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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 - Ineffective assistance of counsel - Section 41-29-139(b)(1) - Speedy trial |
| Summary of the Facts: | Oscar Sayles pled guilty to the sale of cocaine and was sentenced to twenty-five years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Sayles argues that his guilty plea was involuntary because his legal counsel threatened him with an excessive habitual-offender sentence if he did not plead guilty. Sayles has the burden of proving by a preponderance of the evidence that his guilty plea was involuntary. He did not provide a transcript of the plea hearing. Without the transcript of the plea hearing, there is no way to know whether the circuit court, prior to accepting Sayles’s guilty plea, expressly informed Sayles as to the minimum and maximum penalties prescribed by section 41-29-139(b)(1). Nevertheless, it is presumed that the trial court did so. Issue 2: Ineffective assistance of counsel Sayles argues that his court-appointed counsel was ineffective for failing to conduct a pretrial investigation and for not informing him that the weight of cocaine affected the sentence. Section 41-29-139(b)(1), which Sayles was sentenced under, does not take into consideration the weight of cocaine. Thus, Sayles’s legal counsel rightly did not mislead Sayles into thinking otherwise. With respect to Sayles’s contention that counsel failed to investigate the matter, Sayles must assert some critical evidence that would have been discovered had it not been for his counsel’s alleged omission. Sayles did not do so. Issue 3: Speedy trial Sayles argues that he was denied his right to a speedy trial. However, a guilty plea waives the right to a speedy trial. |
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