Wortham v. State
| Docket Number: | 2005-CP-01657-COA Linked Case(s): 2005-CP-01657-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-24-2006 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Factual basis - Ineffective assistance of counsel - Due process Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-05-2005 Appealed from: Calhoun County Circuit Court Judge: Andrew K. Howorth Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: C2005-086 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Wortham a/k/a Michael Andre Wortham |
MICHAEL WORTHAM (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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 - Factual basis - Ineffective assistance of counsel - Due process |
| Summary of the Facts: | Michael Wortham pled guilty to two counts of armed robbery. He was sentenced to two concurrent twenty five year sentences with five years suspended and twenty years to serve. Wortham filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Factual basis Wortham argues that the court failed to find that there was a factual basis for the plea of guilty. According to Wortham, his attorney erroneously advised him that he faced a life sentence if he pled not guilty to two counts of armed robbery. However, he did not receive erroneous advice from his attorney. In fact, had Wortham insisted on a jury trial and had that jury found Wortham guilty of two violations of section 97-3-79, the jury could have fixed Wortham’s penalty as a life sentence. Issue 2: Ineffective assistance of counsel Wortham argues that he received ineffective assistance. Wortham claims his attorney knew Wortham had no involvement in the robbery and that his attorney rendered ineffective assistance of counsel in that he advised Wortham to plead guilty and, in effect, to lie to the court. Wortham clearly admitted that he actively participated in the plan to rob two people, that he knew they were going to be robbed, and that he was involved in robbing them. A person who aids, assists, or encourages another to commit a crime is as guilty as the principal. Accordingly, there was a factual basis for Wortham’s guilty plea and Wortham’s counsel was not ineffective for allowing Wortham to plead guilty. Issue 3: Due process Wortham argues the court violated his due process rights when it sentenced him without convening a jury. Because he did not raise this issue in his motion for post-conviction collateral relief, this issue is procedurally barred. |
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