Hill v. State
Docket Number: | 2005-CP-01152-COA Linked Case(s): 2005-CT-01152-SCT |
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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 - Ineffective assistance of counsel - Voluntariness of plea Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Roberts, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 05-26-2005 Appealed from: Lauderdale County Circuit Co Judge: Larry Eugene Roberts Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: 05-CV-063® |
Party Name: | Attorney Name: | |||
Appellant: | Travis O. Hill a/k/a Travis Orlando Hill |
TRAVIS O. HILL (PRO SE) |
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Appellee: | State of Mississippi; | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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. |
Topic: | Post-conviction relief - Ineffective assistance of counsel - Voluntariness of plea |
Summary of the Facts: | Travis Hill pled guilty to possession of marijuana with the intent to sell as an enhanced offender and was sentenced to thirty years. Hill filed a motion for post-conviction relief which was denied. He appeals. |
Summary of Opinion Analysis: | Hill argues that his attorney led him to believe that he was pleading to simple possession, rather than possession with intent. The record does not support his claim. Hill specifically wrote in his petition to enter a plea of guilty that he was charged with possession of marijuana with intent. He also understood that the possible maximum sentence that he could receive was sixty years, rather than three years. Hill also argues that his guilty plea was coerced and involuntary. The judge explained to Hill that by pleading guilty he waived his rights. Hill testified that he understood. He further testified that no one forced or coerced him into pleading guilty. |
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