Myers v. State


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Docket Number: 2003-CP-00218-COA
Linked Case(s): 2003-CT-00218-SCT
Court of Appeals: Opinion Link
Opinion Date: 11-09-2004
Opinion Author: Lee, P.J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Ineffective assistance of counsel - Voluntariness of plea - Competency - Illegal sentence
Judge(s) Concurring: King, C.J., Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ.
Concurs in Result Only: Irving, J.
Procedural History: PCR
Nature of the Case: PCR
Writ of Certiorari: Denied
Appealed from Court of Appeals
Trial Court: Date of Trial Judgment: 12-31-2002
Appealed from: Harrison County Circuit Court
Judge: Stephen Simpson
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DENIED.
District Attorney: Cono A. Caranna, II
Case Number: A2402-02-188
  Party Name: Attorney Name:  
Appellant: Donald Myers a/k/a Donald M. Myers




 PRO SE



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART  
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Topic: Post-conviction relief - Ineffective assistance of counsel - Voluntariness of plea - Competency - Illegal sentence
Summary of the Facts: Donald Myers pled guilty to sexual battery. The court sentenced Myers to ten years, but suspended the sentence, instead ordering Myers to be on post-release supervision for three years. The State requested Myers' probation be revoked on three separate occasions. After the third request, the court revoked his probation and ordered him to serve the ten years. Myers filed a motion for post-conviction relief which was denied. He appeals.
Summary of Opinion Analysis: Issue 1: Ineffective assistance of counsel Myers argues that his attorney's assistance was ineffective, because his counsel coerced him into pleading guilty and failed to interview witnesses, including the victim. Prior to entering his guilty plea, Myers stated that his trial counsel had discussed the charge against him and all possible defenses and that he was satisfied with his attorney's advice. Myers's trial counsel also filed a certificate stating that he had explained all the matters in the indictment and the petition to Myers. Therefore, Myers has failed to establish by any convincing evidence that his attorney's performance was deficient. Issue 2: Voluntariness of plea Myers argues that his guilty plea was not entered into voluntarily, because he did not have a full understanding of the consequences of his plea. The record shows that Myers was informed of the charges against him and the possible sentence and that Myers admitted to committing the crimes charged. Therefore, his argument that his plea was not voluntary is without merit. Issue 3: Competency Myers argues that he was incompetent to enter a plea of guilty, because he had a mental disorder that affected his ability to understand the consequences of entering a guilty plea. Myers provided no substantive evidence regarding his alleged mental disorder. In addition, the judge had the benefit of a pre-sentence investigation. Issue 4: Illegal sentence Myers argues that, because he had prior felonies, the only legal sentence he could have received was thirty years without parole. A defendant's fundamental right of freedom from an illegal sentence is violated when the sentence imposes an undue burden on the defendant, such as when the offer induces a plea and the State later seeks to rescind the suspension solely because it was statutorily barred. Myers did not plead guilty as a result of an offer of a suspended sentence. He clearly understood that he could have received the maximum of thirty years. Myers benefitted from the illegal sentence since it was more lenient than he was actually entitled to receive. Therefore, this issue is without merit.


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