Thorpe v. State
| Docket Number: | 2010-CP-02116-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-10-2012 Opinion Author: Carlton, J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Post-conviction relief - Double jeopardy Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee and Russell, JJ. Dissenting Author : Roberts, J. Dissent Joined By : Maxwell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-13-2010 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 08-KR-0123-J |
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| Party Name: | Attorney Name: | |||
| Appellant: | Johnny Thorpe a/k/a Johnny Patrick Thorpe |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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 - Double jeopardy |
| Summary of the Facts: | Johnny Thorpe pled guilty in cause number 123-J to possession of .1 gram but less than 2 grams of methamphetamine. Thorpe also pled guilty to count III in cause number 26-B for possession of less than .1 gram of methamphetamine. In exchange for his guilty pleas, the State agreed to drop the “life” habitual-offender charge under section 99-19-83 and also agreed to retire to file several other felony charges pending against Thorpe, including counts I and II of his indictment in cause number 26-B. The trial court sentenced Thorpe as a habitual offender pursuant to section 99-19-81 to eight years in cause number 123-J, and to a consecutive term of two years in cause number 26-B. Thorpe filed a PCR motion in cause number 123-J, which the trial court denied. Thorpe appeals. |
| Summary of Opinion Analysis: | Thorpe argues he was improperly subjected to multiple punishments for the same conduct in violation of the constitutional protections against double jeopardy. Specifically, Thorpe argues that his charges in both cause numbers 26-B and 123-J arose from a single traffic stop in which he was a passenger in a friend’s vehicle and from the same criminal conduct of possession of methamphetamine. The record includes Thorpe’s plea petitions in cause numbers 26-B and 123-J and the transcript of the plea hearing. However, neither the two plea petitions nor the plea colloquy reflect a factual basis or facts sufficient to distinguish the two offenses of possession of methamphetamine. Further, the record, including Thorpe’s plea petitions and plea colloquy, fails to show whether Thorpe had been advised of and voluntarily waived his constitutional guarantee against multiple punishments for the same offense. Thus, the Court is unable to determine, based on the sparse record, whether Thorpe was subjected to double jeopardy, and the record on its face does not reflect whether the offenses arose from separate acts of possession or whether Thorpe’s conduct constituted one felony possession of methamphetamine. Thus, the case is remanded to the trial court with instructions to conduct an evidentiary hearing. |
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