Jones v. State
| Docket Number: | 2005-CP-01047-COA Linked Case(s): 2005-CP-01047-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 11-21-2006 Opinion Author: Barnes, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Multiple indictments - Vague sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 05-03-2005 Appealed from: Warren County Circuit Court Judge: Frank G. Vollor Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 04-0010-CIV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Patrick L. Jones |
PATRICK L. JONES (PRO SE) |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
|
|
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. |
|
| Topic: | Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Multiple indictments - Vague sentence |
| Summary of the Facts: | Patrick Jones entered a plea of guilty to two indictments presented against him for the sale and delivery of a controlled substance. Jones was sentenced to eighteen years, with twelve years to serve, six years suspended, and five years of post-release supervision. Jones filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Jones argues that the trial court failed to find a factual basis for his guilty plea. However, Jones admitted that he committed both crimes for which he was entering a plea of guilty. In addition, the assistant district attorney informed the court during the plea colloquy what the State expected the evidence to show at trial. Issue 2: Ineffective assistance of counsel Jones argues that he was provided ineffective assistance of counsel prior to and during his guilty plea. Jones has failed to provide sufficient evidence demonstrating his attorney’s deficiency. Issue 3: Multiple indictments Jones argues that the two charges stemming from the sale of cocaine should have been pursued as multiple counts under a single indictment rather than as separate indictments. Section 99-7-2(1) makes single, multi-count indictments permissive, not mandatory. Issue 4: Vague sentence Jones argues that his sentence is unconstitutionally vague. Jones was clearly sentenced to eighteen years; he was clearly given twelve years to serve; eighteen minus twelve leaves six years suspended, which is what the language in the sentencing order reflects. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
