Vaughn v. State
Docket Number: | 2005-CA-01873-COA Linked Case(s): 2005-CA-01873-COA ; 2005-CT-01873-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 11-14-2006 Opinion Author: Ishee, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Improper sentence - Factual basis of plea - Consideration of letter Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Roberts, JJ. Concurs in Result Only: Southwick, J. Procedural History: PCR Nature of the Case: CIVIL - POST CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 09-02-2005 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2005-0076-CV1 |
Party Name: | Attorney Name: | |||
Appellant: | Tavaris Vaughn |
JOHN DAVID WEDDLE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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. |
Topic: | Post-conviction relief - Improper sentence - Factual basis of plea - Consideration of letter |
Summary of the Facts: | Tavaris Vaughn pled guilty to the charge of sale of cocaine and was sentenced to thirty years. Vaughn’s motion for post-conviction relief was denied, and he appeals. |
Summary of Opinion Analysis: | Issue 1: Improper sentence Vaughn argues that the sentence of thirty years was improper. When sentencing, a trial judge acts with the broadest of discretion as long as the sentence is within the statutory guidelines. The fact that other criminal defendants in Lowndes County Circuit Court who were convicted or pled guilty to the sale of cocaine received shorter sentences than Vaughn has no decisive bearing on whether or not his sentence was disproportionate. Issue 2: Factual basis of plea It is essential that an accused have knowledge of the critical elements of the charge against him, that he fully understand the charge, how it involves him, the effects of a guilty plea to the charge, and what might happen to him in the sentencing phase as a result of having entered the plea of guilty. The record shows that there was a factual basis to support Vaughn’s plea and that it was voluntarily made. Issue 3: Consideration of letter Vaughn argues that the court was improperly influenced by a letter that was sent to the court from the Lowndes County Sheriff. However, there is nothing present that would suggest that the trial judge was improperly influenced or that the letter was even given credence. In addition, trial judges may consider all kinds of information when sentencing. |
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