Tucker v. State
| Docket Number: | 2010-CP-00165-COA Linked Case(s): 2010-CP-00165-COA ; 2010-CP-00165-COA ; 2010-CT-00165-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-19-2011 Opinion Author: Griffis, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Voluntariness of plea Judge(s) Concurring: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-11-2010 Appealed from: Lee County Circuit Court Judge: Paul S. Funderburk Disposition: Motion for Post-Conviction Relief Denied Case Number: CV10-005(R)(L) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jeff Wayne Tucker |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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 - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Jeff Tucker pled guilty to gratification of lust, sexual battery, and felonious failure to register as a sex offender. Tucker was sentenced to fifteen years and ordered to pay a $1,000 fine in Count I, and he was sentenced to thirty years with fifteen years suspended and ordered to pay a $1,000 fine in Count II. He was ordered to serve the sentences in Counts I and II concurrently. Tucker was further sentenced to five years for his failure to register as a sex offender. That sentence was ordered to run consecutively to the sentences in Counts I and II. Tucker filed a motion for post-conviction relief which was denied. Tucker appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Tucker argues that his counsel was ineffective during the plea proceedings, because his attorney exploited Tucker’s fear of returning to jail to force Tucker to plead guilty and threatened to abandon him if he did not plead guilty. However, Tucker provided no proof of such allegations other than his own affidavit. In addition, the record specifically refutes Tucker’s current claims. At the plea hearing, Tucker testified that he was satisfied with the legal advice and services of his attorney. Tucker also claims that his attorney was ineffective in his failure to investigate. He claims that he had properly registered as a sex offender. In an attempt to prove his compliance, he presented affidavits from neighbors stating that he lived in Blue Springs in Union County, not Lee County. However, those affidavits state that he lived at the address in Union County until April 10, 2008. The indictment alleges that he failed to register in Lee County on April 11, 2008. It was at that time that Tucker began to spend the night at his business located in Lee County. Thus, the proof offered by Tucker does not provide a defense to this charge. Tucker attempts to attack his conviction for failure to register as a sex offender by disputing his 1997 conviction for sexual battery. He offered affidavits of witnesses who state that the victim of the 1997 sexual battery had fabricated his testimony against Tucker. There is nothing in the record to show that Tucker’s attorney should have investigated the validity of the prior conviction. In fact, Tucker testified under oath at the plea hearing that he was guilty of failure to register as a sex offender. Tucker has thus failed to prove any deficiencies of his attorney. Issue 2: Voluntariness of plea Tucker argues that his guilty pleas were entered involuntarily due to the threats made by his attorney. A plea is voluntary and intelligently made when the defendant is informed of the charges against him and the consequences of his plea. The record of the plea hearing is clear that Tucker was informed of the charges against him and that he was aware of the consequences of entering his guilty pleas. |
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