Ivy v. State
| Docket Number: | 2004-CP-02038-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-03-2006 Opinion Author: Myers, P.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, P.J., Irving, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-30-2004 Appealed from: Union County Circuit Court Judge: Henry L. Lackey Disposition: SUMMARILY DISMISSED APPELLANT’S MOTION FOR POST-CONVICTION RELIEF Case Number: U-2002-105 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Carlos Ivy |
CARLOS IVY (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Carlos Ivy pled guilty to burglary and simple robbery and was sentenced to twenty five years for burglary with thirteen of those years suspended, and twelve years for simple robbery, with both sentences to run concurrently. Ivy filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Ivy argues that his counsel failed to consult with him regarding the charges against him, that his trial counsel did not properly investigate his case in order to represent him sufficiently, and that he was unaware of the length of the minimum sentence he was required to serve. The transcript of the plea hearing represented that Ivy’s counsel was rendering effective assistance. Ivy was not sentenced to the maximum sentence, and when the trial judge asked Ivy if he was satisfied with his lawyer’s work, he responded in the affirmative. In addition, the judge told Ivy that the maximum sentence for burglary was twenty five years and the maximum sentence for simple robbery was fifteen years. Ivy even acknowledged at the hearing that he understood the maximum sentence. |
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