Woods v. State


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Docket Number: 2010-CP-00611-COA

Court of Appeals: Opinion Link
Opinion Date: 10-11-2011
Opinion Author: Maxwell, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Ineffective assistance of counsel - Excessive sentence
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 03-09-2010
Appealed from: Warren County Circuit Court
Judge: James Chaney, Jr.
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 10,0007-CI

  Party Name: Attorney Name:  
Appellant: Virgil Germaine Woods




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER  

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Topic: Post-conviction relief - Ineffective assistance of counsel - Excessive sentence

Summary of the Facts: Virgil Woods pled guilty to armed robbery and was sentenced to thirty-five years without eligibility for parole. Woods filed a motion for post-conviction relief which the court dismissed. He appeals.

Summary of Opinion Analysis: Issue 1: Ineffective assistance of counsel Woods argues that he received ineffective assistance of counsel. Where a defendant voluntarily pleads guilty to an offense, he waives all non-jurisdictional rights incident to trial. This waiver includes all claims of ineffective assistance of counsel, except insofar as the alleged ineffectiveness relates to the voluntariness of the giving of the guilty plea. A trial court’s explanation to a defendant of his rights and the consequences of his plea may be sufficient to render the plea voluntary. Woods claims his counsel improperly advised him that if he pled guilty, he would receive a sentence of no more than ten years’ imprisonment. In dismissing Woods’s PCR motion, the judge found that during Woods’s plea colloquy, Woods had acknowledged his understanding of the court’s authority to sentence him to any term of years less than life imprisonment. Woods was informed this maximum available sentence would be calculated based on his life expectancy. According to the judge, Woods also voluntarily assented to his lack of eligibility for parole. Because Woods has failed to include the guilty-plea transcript in the record, he has not demonstrated clear error in the circuit judge’s factual findings. Woods’s in-court affirmations—including his sworn acknowledgment that he understood his sentence—rendered his plea voluntary. Further, because Woods relies on nothing more than his own affidavit to dispute the trial judge’s findings, he is entitled to no relief. Issue 2: Excessive sentence Woods argues his thirty-five-year sentence for armed robbery is excessive and violates the Eighth Amendment’s guarantee against cruel and unusual punishment. An appellate court generally will not disturb a sentence where it does not exceed the statutory maximum. In addition, the fact that a defendant is a first-time felony offender does not preclude a maximum sentence.


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