Jannice v. State
| Docket Number: | 2010-CP-00834-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-21-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Illegal sentence - Excessive sentence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-13-2010 Appealed from: Lafayette County Circuit Court Judge: Andrew K. Howorth Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: L10-180 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ralston Jannice |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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 - Illegal sentence - Excessive sentence |
| Summary of the Facts: | Ralston Jannice pled guilty to simple robbery. Pursuant to the plea agreement Jannice was sentenced to serve a term of fifteen years with three years suspended, three years of post-release supervision, and twelve years to serve. Jannice filed a motion for post-conviction relief which was denied. Jannice appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Jannice argues that he received ineffective assistance of counsel because his counsel informed him that, he either take a plea to simple robbery or face being convicted of armed robbery and be subjected to the possibility of life in prison. In support of his claim, Jannice offers only his own statements alleging deficiency on the part of his counsel. He provides no affidavits or any other forms of proof whatsoever. In cases involving post-conviction collateral relief, where a party offers only his affidavit, then his ineffective assistance of counsel claim is without merit. Issue 2: Illegal sentence Jannice argues that he was induced by fear and deception to plead guilty; therefore, his plea was involuntary, and his sentence was illegal. Jannice’s allegations are directly contradicted in his sworn plea petition and his statements made under oath before the trial court. Jannice agreed that his trial counsel had advised him of the elements of the crime and that his counsel met his expectations in all aspects of his representation. He also admitted that the factual basis for the charge was correct. Issue 3: Excessive sentence Jannice argues that his sentence exceeded the statutory maximum for simple robbery and claims that the trial court improperly imposed an eighteen-year sentence upon him. Although Jannice was sentenced to a term of fifteen years, three years were suspended. When the three years of post-release supervision are added to the twelve years for which Jannice was sentenced to serve, the resulting fifteen years is within the permissible statutory maximum sentence for simple robbery. |
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