Smith v. State
| Docket Number: | 2005-CP-01137-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-18-2006 Opinion Author: Myers, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Disproportionate sentence Judge(s) Concurring: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION-RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 02-04-2005 Appealed from: Pearl River County Circuit Court Judge: R. I. Prichard, III Disposition: POST-CONVICTION-RELIEF - DISMISSED Case Number: 2005-0014P |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Jonas Smith a/k/a Jonas Lajuan Smith |
JONAS SMITH (PRO SE) |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
|
|
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 - Voluntariness of plea - Disproportionate sentence |
| Summary of the Facts: | Jonas Smith pled guilty to the crime of statutory rape and was sentenced to twenty years. Smith petitioned the circuit court for post-conviction relief, which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Smith argues that the language in the plea petition was too vague to inform him of his right against self-incrimination. The defendant must be instructed that a guilty plea waives his or her rights to a jury trial, to confront adverse witnesses, and to protection against self-incrimination. Although the words “self-incrimination” are not specifically stated in the plea petition or the colloquy, both clearly advise Smith of his constitutional rights to testify or not testify under both the United States and Mississippi constitutions. There is no ambiguity or vagueness about the rights that Smith is waiving by entering his plea of guilty. Issue 2: Disproportionate sentence Smith argues that he received a sentence that was more harsh than others across the state and that he was discriminated against since he is a male. Following the entry of his plea of guilty, Smith received the minimum sentence of twenty years. There is no disproportion or discrimination in sentencing a defendant to a term between the minimum and maximum allowed by statute. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
