Andrews v. State
| Docket Number: | 2005-CP-00899-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-05-2006 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Defective indictment Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 03-31-2005 Appealed from: Marion County Circuit Court Judge: R. I. Prichard, III Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2005-0070P |
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| Party Name: | Attorney Name: | |||
| Appellant: | Robert Earl Andrews |
ROBERT EARL ANDREWS (PRO SE) |
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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. |
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| Topic: | Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Defective indictment |
| Summary of the Facts: | Robert Andrews pled guilty to one charge of sale or transfer of a controlled substance and was sentenced to twenty years, with twelve years to serve. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Andrews argues that his guilty plea was involuntary because he was misled and coerced by his attorney into making his plea. While Andrews now claims that he was misled by his attorney and coerced into making a guilty plea, he made it clear to the trial court that the decision to plead guilty was his own. Though Andrews claims he was given a firm representation that he would receive a sentence of only five years, the record shows he was informed that he could be subject to a significantly greater sentence. Issue 2: Ineffective assistance of counsel Andrews argues that his counsel was deficient in that he instructed Andrews to lie during the plea proceedings, informed him that a plea agreement had been reached wherein Andrews would receive a mere five years in prison, and failed to make a reasonable investigation into the facts of the case. It is clear from the record that Andrews made his plea knowingly, voluntarily, and intelligently, and on more than one occasion testified that he had not been induced or coerced into pleading guilty. And while Andrews claims that his attorney failed to conduct an adequate investigation, nowhere in his motion or appellate brief has he stated how additional investigation by his counsel would have changed his decision to plead guilty. Issue 3: Defective indictment Andrews argues that the indictment charging him with the sale of cocaine was fatally defective because, while the indictment alleged that Andrews sold 0.3 grams of cocaine, he pled guilty to the sale of 0.6 grams of cocaine. Andrews waived appeal of this issue via the entry of his guilty plea. |
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