Johnson v. State


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Docket Number: 2008-CA-01359-COA

Court of Appeals: Opinion Link
Opinion Date: 06-22-2010
Opinion Author: Myers, P.J.
Holding: Reversed and remanded

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Evidentiary hearing
Judge(s) Concurring: King, C.J., Lee, P.J., Griffis, Barnes, Ishee and Maxwell, JJ.
Non Participating Judge(s): Irving and Carlton, JJ.
Concur in Part, Concur in Result 1: Roberts, J.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 12-13-2007
Appealed from: Hinds County Circuit Court
Judge: Tomie Green
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 251-07-123(CIV)

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: John Henry Johnson




JOSEPH PATRICK FRASCOGNA



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS  

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    Topic: Post-conviction relief - Voluntariness of plea - Evidentiary hearing

    Summary of the Facts: John Johnson pled guilty to three counts of statutory rape. The circuit court sentenced him to three concurrent twenty-five-year sentences. Johnson filed a motion for post-conviction relief which the court dismissed. Johnson appeals.

    Summary of Opinion Analysis: A circuit court may summarily dismiss a motion for post-conviction relief 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. Johnson argues that his guilty plea was involuntary because the circuit court and his defense counsel failed to advise him of the statutory minimum sentence on two of the counts he faced. The form plea petition is typed, but it has blanks to be completed by hand for the “maximum” and “minimum” punishments the court may impose for each count of the indictment. The hand-completed portion of the plea petition accurately reflects that the maximum punishment for counts one and two of the indictment was “life” and that the maximum punishment for count three was “30 years.” However, the plea petition erroneously states that the minimum punishment was “0” for each of the three counts, when, in fact, the statute mandates a minimum of twenty years imprisonment for both counts one and two. A guilty plea is not binding on a criminal defendant unless it is entered voluntarily and intelligently. A defendant must be advised concerning the nature of the charge against him and the consequences of his plea including the minimum and maximum sentences that may be imposed. The record contains sufficient evidence to require an evidentiary hearing on Johnson’s allegation that he was uninformed or misinformed regarding the mandatory minimum sentence of twenty years for the two counts of statutory rape under section 97-3-65(1)(b). Johnson also argues that his trial counsel failed to offer mitigating evidence at his sentencing hearing and failed to ensure that the circuit court considered a presentence investigation report prior to sentencing. These arguments are without merit. Johnson also argues that the circuit court violated various constitutional rights by sentencing him without first reviewing a PSI report or allowing him to present witnesses at the sentencing hearing. This issue is procedurally barred because Johnson has failed to support this argument with citation to relevant authority. In addition, he has failed to demonstrate that the circuit court did not consider his PSI report or what his witnesses would have stated had they testified.


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