Rhone v. State


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Docket Number: 2005-CP-01551-COA
Linked Case(s): 2005-CP-01551-COA ; 2005-CT-01551-SCT
Court of Appeals: Opinion Link
Opinion Date: 11-21-2006
Opinion Author: Barnes, J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Plea agreement
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis and Ishee, JJ.
Non Participating Judge(s): Roberts, J.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF
Trial Court: Date of Trial Judgment: 06-29-2005
Appealed from: Lauderdale County Circuit Court
Judge: Larry Eugene Roberts
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: 04-CV-231®
  Party Name: Attorney Name:  
Appellant: John F. Rhone




 JOHN F. RHONE (PRO SE)



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS  
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Topic: Post-conviction relief - Plea agreement
Summary of the Facts: John Rhone pled guilty to possession of 69.5 grams of marijuana with intent to distribute. He was sentenced to thirty years. He filed a motion for post-conviction relief which was denied. He appeals.
Summary of Opinion Analysis: Rhone argues that the plea bargain agreement that he would be sentenced to only one and one-half years should be honored. Rhone’s plea bargain was conditional– he would only receive the one and one-half years in prison if he appeared for his sentencing hearing. Rhone did not attend his sentencing hearing, thereby breaching his part of the bargain, and thus the plea agreement ceased to exist. Rhone’s lawyer was given notice of the date change and passed this information on to his client, thus there is no violation of due process.


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