McCollum v. State
| Docket Number: | 2011-CP-00471-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-28-2012 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Section 47-5-193 - Ineffective assistance of counsel 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 |
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| Trial Court: |
Date of Trial Judgment: 03-21-2011 Appealed from: Winston County Circuit Court Judge: Clarence E. Morgan, III Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2011-0005-CVM |
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| Party Name: | Attorney Name: | |||
| Appellant: | Brandon McCollum |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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 - Defective indictment - Section 47-5-193 - Ineffective assistance of counsel |
| Summary of the Facts: | Brandon McCollum pled guilty to possession of contraband in a correctional facility. He later filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment McCollum argues his indictment was defective because it failed to state the essential elements of the crime charged. He argues the indictment should also have included the phrase: “to take, attempt to take[,] or assist in taking [a] (cell phone) on property belonging to the [D]epartment [of Corrections]” pursuant to the language in section 47-5-193. Section 47-5-193 makes possession of contraband unlawful. The statute also makes the taking of contraband unlawful. It is clear the statute considers that the possession of contraband and the taking of contraband are two separate crimes. McCollum was charged with possession of contraband; therefore, the indictment did not need to include the essential elements for the crime of taking of contraband. Issue 2: Ineffective assistance of counsel McCollum argues he received ineffective assistance of counsel because his counsel failed to object to the indictment and permitted a sentence based on the defective indictment. The indictment was not defective and included the essential elements of the crime charged. Thus, McCollum’s entire ineffective-assistance-of-counsel claim fails. |
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