Strickland v. State
| Docket Number: | 2009-CP-01504-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-14-2010 Opinion Author: Irving, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Indictment - Ineffective assistance of counsel - Invalid sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-13-2009 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2009-68-CV8 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Vincent B. Strickland |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 - Indictment - Ineffective assistance of counsel - Invalid sentence |
| Summary of the Facts: | Vincent Strickland pled guilty to the crimes of possession of methamphetamine and possession of cocaine. Strickland was sentenced to sixteen years’ imprisonment for the methamphetamine possession and to eight years’ imprisonment for the cocaine possession; both sentences were suspended in their entirety pending Strickland’s successful completion of one year of house arrest and three years of post-release supervision. Although it is not clear from the record, Strickland apparently violated his house arrest in some way and was subsequently returned to the custody of the Mississippi Department of Corrections to serve his sentences. Strickland filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Indictment Strickland argues that his plea was involuntarily given because the information that was used to charge him contained the incorrect statutory provision, and he was not informed of the correct provision in his guilty-plea petition or in court when he entered his plea of guilty. A charging instrument, such as an indictment or an information, need only serve as notice of the charges against a defendant and the facts underlying such charges. The information that charged Strickland stated that: “on or about the 19th day of November, 2006, [Strickland] willfully and unlawfully and feloniously possess[ed] 5.37 grams of Methamphetamine, a Schedule II controlled substance . . . .” Clearly, Strickland was put on notice regarding the nature of the crimes with which he had been charged. Issue 2: Ineffective assistance of counsel Strickland argues that he received ineffective assistance of counsel before entering his plea of guilty, because his attorney convinced him to waive his right to a formal indictment. Strickland has presented no evidence to contradict his sworn plea of guilty. When asked in open court whether the State’s evidence was accurate, he indicated that it was. The information that was used to charge Strickland was valid, despite the citation of an incorrect statute. Furthermore, Strickland has failed to show any prejudice flowing from the alleged deficiency. Issue 3: Invalid sentence Strickland argues that he has been sentenced in violation of the Mississippi and United States Constitutions. Since Strickland is raising the issue for the first time on appeal, it is procedurally barred. |
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