Thomas v. State
| Docket Number: | 2003-CA-00222-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-05-2004 Opinion Author: King, C.J. Holding: Affirmed in part, reversed and remanded in part |
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| Additional Case Information: |
Topic: Post-conviction relief - Right to speedy trial - Ineffective assistance of counsel - Suspended sentence - Section 47-7-34 Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Ishee, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-21-2003 Appealed from: Warren County Circuit Court Judge: Isadore Patrick Disposition: POST-CONVICTION RELIEF DISMISSED. District Attorney: G. Gilmore Martin Case Number: 990046-CRP |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dwayne Thomas |
JAMES L. PENLEY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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| Topic: | Post-conviction relief - Right to speedy trial - Ineffective assistance of counsel - Suspended sentence - Section 47-7-34 |
| Summary of the Facts: | Dwayne Thomas pled guilty to aggravated assault and attempted armed robbery. On the aggravated assault charge, Thomas was sentenced to eighteen years. On attempted armed robbery, he was sentenced to ten years. He filed a motion for post-conviction collateral relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to speedy trial Thomas argues that he was denied his right to a speedy trial. The entry of a guilty plea waives the issue of whether a defendant received a speedy trial. Issue 2: Ineffective assistance of counsel Thomas argues that he received ineffective assistance of counsel because his attorney had limited contact with him prior to the guilty plea hearing. At the guilty plea hearing, Thomas indicated that he was satisfied with his attorney's representation. Thomas has failed to place before the trial court evidence of such weight as to establish that his prior sworn statement of satisfaction with his attorney should be disregarded. Issue 3: Suspended sentence Thomas was sentenced to eighteen years on the aggravated assault charge and ten years, with five suspended and five years of post-release supervision on the attempted armed robbery charge. He argues that because he was a prior convicted felon, no part of his sentence should have been suspended. The trial court did not intend to suspend any portion of Thomas' sentence but intended, pursuant to section 47-7-34, to sentence Thomas to five years of actual confinement, and five years of post-release supervision. Therefore, this matter is remanded to correct the sentencing order to clearly reflect Thomas' sentence, as stated in the order denying post-conviction relief. |
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