Hammond v. State


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Docket Number: 2005-CP-02295-COA
Court of Appeals: Opinion Link
Opinion Date: 09-26-2006
Opinion Author: Southwick, J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Sufficiency of indictment - Ineffective assistance of counsel
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF
Trial Court: Date of Trial Judgment: 10-12-2005
Appealed from: Clay County Circuit Court
Judge: Lee J. Howard
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED
Case Number: 2005-0209
  Party Name: Attorney Name:  
Appellant: Roy Hammond, Jr.




 ROY HAMMOND, JR. (PRO SE)



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  
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Topic: Post-conviction relief - Sufficiency of indictment - Ineffective assistance of counsel
Summary of the Facts: Roy Hammond, Jr. entered a guilty plea to two counts of the sale of cocaine. He filed a motion for post-conviction which was dismissed. Hammond appeals.
Summary of Opinion Analysis: Issue 1: Sufficiency of indictment Hammond argues that his indictment failed to state the weight of the cocaine that he was charged with possessing. The weight of the controlled substance is not an element of the crime and does not need to be contained in the indictment charging a violation of this section. Issue 2: Ineffective assistance of counsel Hammond argues his attorney was ineffective by allowing him to plead guilty to a fatally flawed indictment. Since the indictment properly charged Hammond, there is no merit to his claim.


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