Conner v. State
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