Green v. State
| Docket Number: | 2003-CP-01143-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-17-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Statutory offense - Sections 97-1-7 - Section 41-29-313 - Voluntariness of plea - Ineffective assistance of counsel - Factual basis Judge(s) Concurring: Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Barnes, J. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-27-2003 Appealed from: Pearl River County Circuit Court Judge: Michael R. Eubanks Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF IS HEREBY DENIED. District Attorney: Claiborne McDonald Case Number: 2003-0213-PC |
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| Party Name: | Attorney Name: | |||
| Appellant: | Douglas Green, Jr. |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Statutory offense - Sections 97-1-7 - Section 41-29-313 - Voluntariness of plea - Ineffective assistance of counsel - Factual basis |
| Summary of the Facts: | Douglas Green pled guilty to attempted possession of precursor chemicals. He was sentenced to twenty years, with fifteen years suspended, five to serve, and five years of postrelease supervision. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Statutory offense Green argues that the charge of attempted possession of precursor chemicals does not exist, thereby making his plea invalid. A defendant may be charged with attempting to commit the principal offense when the attempt statute is coupled with the statute of the principal offense. Both sections 97-1-7 and 41-29-313, when viewed together, give the elements of the crime charged, attempted possession of precursor drugs or chemicals. Green stated under oath that he was in fact guilty of the crime charged and that he understood the nature of the crime charged. Therefore, Green was aware of what he was pleading guilty to. Issue 2: Voluntariness of plea Green argues that his plea was involuntary because he did not understand the law concerning the amended charge of attempted possession of precursor chemicals. Green's petition to enter a guilty plea and the transcript reflect that he was aware that he would be pleading guilty to the amended charge of attempted possession of precursor chemicals, and that his attorney had gone over both the petition to enter a guilty plea and the amended charge with him. Issue 3: Ineffective assistance of counsel Green argues that he received ineffective assistance of counsel because his attorney erroneously advised him that attempted possession of precursor drugs or chemicals carried a lesser sentence. At the guilty plea hearing, the judge asked whether Green was satisfied with the services of his attorney and Green indicated satisfaction with his attorney's services. The Court is entitled to rely upon solemn statements made under oath. Issue 4: Factual basis Green argues that no evidence exists which links him to the gun or precursor chemicals found at the house he was visiting. However, the record indicates that Green stated that he was pleading guilty because he was guilty and that the facts stated in the amended charge were true and correct. |
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