Collins v. State
| Docket Number: | 2003-CP-00713-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-03-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Incorrect sentence Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-31-2003 Appealed from: Winston County Circuit Court Judge: Joseph H. Loper Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED District Attorney: Doug Evans Case Number: 2000-0105-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dee Wayne Collins a/k/a DeWayne Collins |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 - Incorrect sentence |
| Summary of the Facts: | Dee Wayne Collins pled guilty to possession and sale of cocaine. He was sentenced to ten years for the sale of cocaine and three years for possession. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Collins argues that the judge had sentenced him to two years for the sale of cocaine rather than ten and that the sentence of ten years was incorrectly entered in the sentencing order. Included in the record is a sworn affidavit from the court reporter stating that she made errors in the original transcript and therefore later made a corrected copy. In the corrected transcript, the judge is shown as sentencing Collins to serve ten years, not two. Other evidence of the actual sentence appears in Collins' written acknowledgment in his plea petition that if he pled guilty, the State would recommend a sentence of ten years. With one exception, all the documentation in the record reveals that Collins received a ten year sentence. That exception was corrected to state what had actually occurred. |
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