Hargrove v. State
| Docket Number: | 2004-CP-01702-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-18-2006 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Agreement not to appeal - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-24-2004 Appealed from: Webster County Circuit Court Judge: Clarence E. Morgan, III Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: 2003-84-CVM |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tony Hargrove |
TONY HARGROVE (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 - Agreement not to appeal - Ineffective assistance of counsel |
| Summary of the Facts: | Tony Hargrove was arrested on three charges. Cause numbers 2001-30-CR and 2001-32-CR relate to sale of marihuana and armed robbery. Cause number 2001-85-CR relates to Hargrove’s possession of more than one ounce, but less than one kilogram, of marihuana with intent to sell, transfer, or distribute. Hargrove was convicted of the possession charge. The court sentenced Hargrove in cause number 2001-85-CR and accepted his guilty pleas in cause numbers 2001-30-CR and 2001-32-CR. In return for Hargrove’s cooperation with the State and the waiver of his right to appeal cause number 2001-85-CR, the prosecutor recommended a sentence of twelve years on cause number 2001-85-CR at the sentencing hearing. This recommendation was adopted by the court, and Hargrove was sentenced to twelve years. Prior to sentencing, Hargrove’s attorney advised him that Hargrove would be sentenced as a first-time offender, and would therefore have to serve only twenty-five percent of his sentence. In reality, Hargrove has to serve at least eighty-five percent of his sentence before being released. Hargrove filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Agreement not to appeal Hargrove argues that he was denied due process of law when he agreed not to appeal his conviction in cause number 2001-85-CR upon the premise that he would only have to serve twenty-five percent of his sentence in cause number 2001-85-CR. The agreement not to appeal was part of Hargrove’s guilty plea in cause numbers 2001-30-CR and 2001-32-CR. The conviction that forms the basis of the appeal, however, is cause number 2001-85-CR. Since separate judgments were rendered in the three causes, Hargrove is procedurally barred from challenging the validity of his guilty pleas in cause numbers 2001-30-CR and 2001-32-CR in this appeal, which concerns only cause number 2001-85-CR. Issue 2: Ineffective assistance of counsel Hargrove argues that his counsel was ineffective for failing to inform him that his sentence in cause number 2001-85-CR would not be served under the twenty-five percent rule. There is no merit to this contention because Hargrove’s attorney’s advice had no impact on Hargrove’s sentencing in cause number 2001-85-CR. The sentencing in cause number 2001-85-CR, where Hargrove had already been convicted by a jury, was entirely at the discretion of the court. |
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