Lewis v. State
| Docket Number: | 2009-CP-00733-COA Linked Case(s): 2009-CP-00733-COA ; 2009-CT-00733-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-15-2011 Opinion Author: Myers, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Factual basis - Right to appeal - Ineffective assistance of counsel Judge(s) Concurring: Lee, C.J., Irving, P.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-29-2009 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: Motion for Post-Conviction Relief Dismissed. Case Number: 251-08-367 CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Corey Lewis |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD | ||
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 - Factual basis - Right to appeal - Ineffective assistance of counsel |
| Summary of the Facts: | Corey Lewis pled guilty to armed robbery. Pursuant to an agreed recommendation, he was sentenced to twenty years, with twelve years suspended and eight to serve. Lewis filed a motion for post-conviction relief which the court dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Factual basis Lewis argues that, in offering his plea, he did not admit to all of the elements of the crime of armed robbery. In particular, Lewis asserts that he did not state that he knowingly committed the crime or that he knew armed robbery was a criminal act. Lewis’s claim that he did not admit to knowingly committing the crime of armed robbery is belied by the record in this case. The record firmly establishes a factual basis for Lewis’s guilty plea. Issue 2: Right to appeal Lewis argues that the trial court failed to advise him of his right to appeal his sentence. The circuit court is not required to inform the defendant of his right to a direct appeal of his sentence after he enters a guilty plea. Lewis also argues that he was illegally sentenced under the armed robbery statute when he was at best an accessory to the crime. He also denies using a gun in the robbery. These claims are, again, belied by his own sworn statements in the record. Lewis also asserts that the sentence violated his right to equal protection under the United States Constitution because it was a product of racial bias. The claim fails because conclusory allegations alone, without concrete facts to support those allegations, are insufficient. Issue 3: Ineffective assistance of counsel Lewis argues that he received constitutionally ineffective assistance of counsel. Lewis first asserts that his counsel was deficient in allowing the circuit court to accept his guilty plea without determining that Lewis knew he had a right to appeal his sentence. This contention is without merit. Lewis next claims that defense counsel was deficient for allowing him to plead guilty without knowing the elements of the offense or the maximum and minimum punishments for the offense. These claims are belied by the record. Lewis also contends that defense counsel was deficient for allowing him to plead guilty when he was, according to his representations, only an accessory or an aider and abettor. This is contradicted by Lewis’s own sworn statements in the plea petition and during the plea colloquy. |
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