McCoy v. State
| Docket Number: | 2009-CP-01871-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-16-2010 Opinion Author: Lee, P.J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing - Eligibility for parole - Section 47-7-3(1)(d)(ii) - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Barnes, Ishee and Roberts, JJ. Dissenting Author : Carlton, J., dissents without separate written opinion. Concurs in Result Only: Griffis and Maxwell, JJ., concur in result only without separate written opinion. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-02-2009 Appealed from: UNION COUNTY CIRCUIT COURT Judge: Robert Elliott Disposition: DENIED MOTION FOR POSTCONVICTION RELIEF Case Number: UK06-171 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James McCoy |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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 - Evidentiary hearing - Eligibility for parole - Section 47-7-3(1)(d)(ii) - Ineffective assistance of counsel |
| Summary of the Facts: | In 2007, James McCoy pled guilty to two counts of armed robbery. McCoy was sentenced to thirty years on each count with five years of each count suspended and five years of post-release supervision. In 2009, McCoy filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | McCoy argues that he was entitled to an evidentiary hearing because he was misinformed about his eligibility for parole. McCoy’s signed guilty plea petition stated that he would be eligible for parole after serving ten years of his sentence. The trial court also informed McCoy twice during the plea colloquy that he could be eligible for parole after serving ten years. McCoy also included affidavits from two witnesses who heard McCoy’s counsel tell him that he could be eligible for parole in ten years. Section 47-7-3(1)(d)(ii) prohibits parole for persons convicted of armed robbery through the display of a deadly weapon on or after October 1, 1994. It is clear from the record that the information provided by the trial court and McCoy’s counsel regarding parole was incorrect. Thus, McCoy is entitled to an evidentiary hearing to determine whether he, in fact, relied upon this erroneous information in pleading guilty. McCoy argues that his trial counsel failed to conduct any pretrial investigation. However, from the record it is clear that his attorney did prepare for trial by conducting discovery, interviewing witnesses, filing several pretrial motions, and preparing McCoy himself for trial. Most importantly, McCoy argues that his attorney erroneously advised him regarding his eligibility for parole. This advice constitutes deficient performance. It is unclear from McCoy’s brief as to whether McCoy would have pleaded guilty but for the incorrect advice. This claim should be investigated during the evidentiary hearing. |
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