Conner v. State


<- Return to Search Results


Docket Number: 2011-CP-00439-COA

Court of Appeals: Opinion Link
Opinion Date: 02-21-2012
Opinion Author: Ishee, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Terms of plea agreement
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 02-25-2011
Appealed from: Rankin County Circuit Court
Judge: William E. Chapman, III
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 2011-21-C

  Party Name: Attorney Name:  
Appellant: Ronnie D. Conner




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND SCOTT STUART  

Synopsis provided by:

If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals
hand downs please contact Tammy Upton in the MLI Press office.

Topic: Post-conviction relief - Terms of plea agreement

Summary of the Facts: Ronnie Conner pled guilty to six counts of sale of a controlled substance, all as a subsequent drug offender, and one count of conspiracy to sell cocaine. Conner was sentenced to fifteen years each for four counts of sale of a controlled substance; fifteen years for one count of conspiracy to sell cocaine; six years for one count of sale of a controlled substance; and sixty years for one count of sale of a controlled substance, with Conner subject to release after serving fifteen years of that sentence. The sentences were ordered to run concurrently; thus, Conner effectively received a total sentence of fifteen years to serve on the seven counts. Conner filed a motion for post-conviction relief which the court dismissed. He appeals.

Summary of Opinion Analysis: Trial courts are permitted to rely upon an appellant’s sworn testimony from a plea hearing which contradicts assertions made in the PCR motion. Conner asserts he was “paroled out” on February 3, 2010; however, the record is void of any parole records. Furthermore, he was ineligible for parole on that date because he was not sentenced until March 29, 2010. The record also reflects Conner agreed to the plea agreement, testified he understood the agreement, and actually received ten years less than the plea agreement dictates. Thus, Conner’s claims that his sentence did not reflect the plea agreement and his status as a subsequent drug offender was not part of the plea agreement are contradicted by the record and his own sworn testimony during both the plea hearing and the sentencing hearing.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court