Edwards v. State


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Docket Number: 2004-CP-02331-COA

Court of Appeals: Opinion Link
Opinion Date: 12-13-2005
Opinion Author: Ishee, J.
Holding: AFFIRMED

Additional Case Information: Topic: Post-conviction relief - Illegal sentence - Defective indictment - Ineffective assistance of counsel - Voluntariness of plea
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis and Barnes, JJ.
Concurs in Result Only: Irving, J.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 10-06-2004
Appealed from: Pontotoc County Circuit Court
Judge: Sharion R. Aycock
Disposition: POST-CONVICTION RELIEF - DISMISSED
District Attorney: John Richard Young
Case Number: CV04-235(A)PO

  Party Name: Attorney Name:  
Appellant: Donald G. Edwards




DONALD G. EDWARDS (PRO SE)



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS  

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Topic: Post-conviction relief - Illegal sentence - Defective indictment - Ineffective assistance of counsel - Voluntariness of plea

Summary of the Facts: After entering guilty pleas to two counts of sale of cocaine, Donald Edwards was convicted and sentenced to serve two concurrent sentences of thirty years, with eighteen years suspended and twelve to serve, followed by five years of post-release supervision. Edwards filed a motion for post-conviction relief, which the court dismissed. Edwards appeals.

Summary of Opinion Analysis: Issue 1: Illegal sentence Edwards argues that his sentence was illegal because he was a prior convicted felon and the circuit court impermissibly suspended part of his sentence and because it exceeded the statutory limit. If as a result of a plea bargain a prior felon voluntarily accepts an offered suspended sentence and some form of probation, this becomes by agreement an enforceable sentence. Futhermore, a defendant should not be able to attack a lighter, illegal sentence which benefits him simply because it serves his interest to do so, when the legal sentence would have been more severe. Edwards was convicted for the sale of cocaine under section 41-29-139, which sets the maximum sentence for sale of a Schedule II controlled substance at thirty years. When the five years of post release supervision are added to the twelve years in which Edwards is to be incarcerated, the total (seventeen years) still falls far short of the statutory maximum of thirty years. Issue 2: Defective indictment Edwards argues that the indictment was deficient because it failed to list the weight of the cocaine. Under section 41-29-139, a person is guilty of sale of a controlled substance if he knowingly or intentionally sells a controlled substance. Weight is not an element of the crime. Issue 3: Ineffective assistance of counsel Edwards argues that his trial counsel was unconstitutionally ineffective, because his trial counsel allowed him to plead guilty to an illegal sentence. As previously discussed, the partial suspension of Edwards’ sentence served only to benefit him, and as such, he cannot now argue that he was prejudiced by it. Issue 4: Voluntariness of plea Edwards argues that his plea was not voluntary and intelligent because his sentence was illegal. As the record makes clear, this assignment of error is totally without merit.


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