Peckinpaugh v. State
| Docket Number: | 2005-CP-00796-COA Linked Case(s): 2005-CT-00796-SCT ; 2005-CP-00796-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-01-2006 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Factual basis for plea - Plea agreement Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 03-21-2005 Appealed from: Pearl River County Circuit Court Judge: Michael R. Eubanks Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: 2005-0092E-PC |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gilbert Dale Peckinpaugh |
GILBERT DALE PECKINPAUGH (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
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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 for plea - Plea agreement |
| Summary of the Facts: | Gilbert Peckinpaugh pled guilty to one count of failure to register as a sex offender and one count of possession via the Internet of a visual depiction of a child under the age of eighteen engaged in sexually explicit conduct. Peckinpaugh filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Factual basis for plea Peckinpaugh argues that there was not an adequate factual basis for his guilty plea to the charge of child pornography. The factual basis must be formed by any evidence before the court, or otherwise in the record before the court. Attached to the indictment for possession of child pornography were exhibits containing the illegal depictions. In addition, Peckinpaugh testified during the guilty plea hearing and swore in his petition to enter a plea of guilty that he read the indictment and understood the charges to which he was pleading guilty. Thus, there was an adequate factual basis. Peckinpaugh also argues that he is innocent of the charge of possession of child pornography. A criminal defendant who has entered a guilty plea cannot litigate his actual guilt on appeal from a denial of post-conviction relief, unless the defendant can show that the guilty plea was not knowingly, voluntarily, or intelligently entered. A guilty plea is voluntary and intelligent if the defendant has been advised concerning the nature of the charge against him and the consequences of the plea. The record shows that Peckinpaugh was advised concerning the nature of the charges against him and the consequences of the guilty plea. He also testified during the hearing that his attorney explained the charges against him and that he understood the minimum and maximum penalties related to those charges. Issue 2: Plea agreement Peckinpaugh argues that he pled guilty because of a promise made by the circuit court and the State that he would receive a total sentence of two years in exchange for his guilty pleas to both counts. Great weight is given to statements made under oath and in open court during sentencing. Peckinpaugh testified under oath that he was entering the guilty plea because he was guilty and that he was doing so voluntarily. He also acknowledged that any statement from his attorney that he might receive a light sentence was not binding on the court. |
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