Bilbo v. State
| Docket Number: | 2003-CP-02093-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-07-2004 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Indictment - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges, P.J., Myers, Chandler, Griffis and Barnes, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 09-02-2003 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: PCR: DENIED District Attorney: Forrest Allgood Case Number: 2003-0019-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Raymond Bilbo |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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. |
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| Topic: | Post-conviction relief - Indictment - Ineffective assistance of counsel |
| Summary of the Facts: | Raymond Bilbo pled guilty to a DUI third offense under the habitual offender statute. He was sentenced to three years, followed by two years of post-release supervision, plus fines totaling $2,000. Bilbo filed a petition for post-conviction relief which the court denied. Bilbo appeals. |
| Summary of Opinion Analysis: | Issue 1: Indictment Bilbo argues that he was never indicted for the offense of driving under the influence. A valid guilty plea admits all elements of a formal charge and operates as a waiver of all non-jurisdictional defects contained in an indictment against a defendant. By pleading guilty, Bilbo waived his right to appeal based upon the indictment. The burden is on Bilbo to prove by a preponderance of the evidence that he is entitled to the requested post-conviction relief. Where, as here, the only evidence supplied by the petitioner are his own musings which contradict his prior sworn testimony, the petitioner has failed to meet this burden. Issue 2: Ineffective assistance of counsel Bilbo argues that his attorney did not provide adequate representation, because his attorney advised him that should he proceed to trial, he could receive a sentence of life without parole. Because Bilbo has two prior felony convictions, one for burglary and larceny and another for armed robbery, he could have been sentenced to life imprisonment without parole. Therefore, the advice was not erroneous. |
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