Small v. State
| Docket Number: | 2010-KP-00299-COA Linked Case(s): 2010-KP-00299-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-01-2011 Opinion Author: Griffis, P.J Holding: Dismissed |
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| Additional Case Information: |
Topic: Burglary of dwelling - Entry of guilty plea - Direct appeal - Section 99-39-5 - Jurisdiction Judge(s) Concurring: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-02-2010 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: DENIED DEFENDANT'S MOTION TO WITHDRAW GUILTY PLEA AND TO DISMISS COUNSEL District Attorney: John W. Champion Case Number: 2008-836-CD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Frederick D. Small |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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| Topic: | Burglary of dwelling - Entry of guilty plea - Direct appeal - Section 99-39-5 - Jurisdiction |
| Summary of the Facts: | Frederick Small pled guilty to burglary of a dwelling. Prior to his sentencing date, Small filed a pro se motion styled, “Motion for Withdrawal of Plea and Withdrawal of Counsel,” claiming that his guilty plea was involuntarily, unknowingly, and unintelligently given and that his attorney was ineffective. When Small’s sentencing hearing was held, the trial court accepted the State’s sentencing recommendation, as set forth in Small’s plea agreement with the district attorney’s office, and sentenced Small to eighteen years. Small appeals. |
| Summary of Opinion Analysis: | Because Small entered a guilty plea, a direct appeal is not available to him. Instead, the defendant must file a motion for post-conviction collateral relief pursuant to section 99-39-5. Since Small directly appealed the trial court’s order denying his motion to withdraw his guilty plea and to dismiss his legal counsel, the Court is without jurisdiction to hear this appeal. |
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