Pope v. State
| Docket Number: | 2004-CP-01370-COA Linked Case(s): 2004-CT-01370-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2006 Opinion Author: Ishee, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Dissenting Author : Irving, J. Procedural History: PCR Nature of the Case: CRIMINAL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-12-2004 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED District Attorney: Cono A. Caranna, II Case Number: A2401-2002-57 |
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| Party Name: | Attorney Name: | |||
| Appellant: | George C. Pope |
GEORGE C. POPE (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 - Voluntariness of plea - Ineffective assistance of counsel |
| Summary of the Facts: | George Pope pled guilty to three counts of touching a child for lustful purposes. He was sentenced to twelve years for each of the three counts, with all sentences to run concurrently. Pope’s motion for post-conviction relief was denied by the circuit court. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Pope argues that he did not knowingly, voluntarily, and intelligently entered into his guilty plea, because he believed that by pleading guilty, he could only be sentenced from zero to ten years. A guilty plea is voluntary and intelligent only if the defendant has been advised concerning the nature of the charge against him and the consequences of the plea. The record shows that Pope pled guilty with the belief that he could be sentenced for up to thirty years. On the petition to plead guilty, Pope wrote that he was being charged with three counts and that he could possibly receive zero to ten years for each count, for a possible total of thirty years. Pope received a total of twelve years in the custody of the MDOC, a much shorter sentence than he was prepared to receive when he pled guilty. Issue 2: Ineffective assistance of counsel Pope argues that he received ineffective assistance of counsel, because his attorney failed to investigate the charges and failed to present mitigating evidence. There is nothing in the record to overcome the presumption that Pope received effective assistance of counsel. Pope indicated on the petition to plead guilty that he had been advised concerning the nature of the charge against him and the consequences of the plea. He further stated under oath that he was satisfied with the advice and help his attorney gave him, and that he understood that any sentence discussed with his attorney was not binding on the court. |
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