Edwards v. State
| Docket Number: | 2009-CP-00108-COA Linked Case(s): 2009-CP-00108-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2010 Opinion Author: Lee, P.J. Holding: The judgment of the Claiborne County Circuit Court denying the motion for post-conviction relief is affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Waiver of right to appeal - Transcript of plea colloquy - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Myers, 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: 12-12-2008 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: DENIED MOTION FOR POSTCONVICTION RELIEF Case Number: 2008-181 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Reginald Ladale Edwards |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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 - Waiver of right to appeal - Transcript of plea colloquy - Ineffective assistance of counsel |
| Summary of the Facts: | Reginald Edwards pled guilty to one count of sale of cocaine. Edwards was sentenced to eight years, with two years suspended and two years’ post-release supervision. Edwards filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Edwards argues that his guilty plea was invalid because he did not admit his guilt and the trial court failed to advise him of his right to appeal. A plea is considered voluntary and intelligent if the defendant is advised regarding the nature of the charge against him or her and of the consequences of the guilty plea. According to the plea colloquy, Edwards admitted several times that he was guilty of the sale of cocaine. Edwards was also informed of the effect of the plea, the rights he would waive if he pleaded guilty, and the possible sentence he could receive. Having pled guilty, Edwards waived his right to appeal. Also, a valid guilty plea waives all nonjurisdictional claims concerning defective indictments as well as any evidentiary issue. Edwards also argues that the trial court failed to specify the length of his post-release supervision. However, it is clear from the trial court’s sentencing order that Edwards was sentenced to serve six years in the custody of the MDOC and the remainder of his eight-year sentence on post-release supervision, resulting in two years of post-release supervision. Edwards argues that he did not receive a transcript of the plea colloquy. As the transcript of Edwards’s plea colloquy was included in the record on appeal, this issue is moot. Edwards argues that his trial counsel rendered ineffective assistance of counsel. Edwards has failed to meet his burden in proving any deficiency and any resulting prejudice to his defense as a result of the deficiency. |
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