Cook v. State
| Docket Number: | 2011-CP-00647-COA Linked Case(s): 2011-CP-00647-COA ; 2011-CT-00647-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-08-2012 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Disproportionate sentence - Right to appeal - Section 99-35-101 - Voluntariness of plea Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, 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: 04-05-2011 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF Case Number: CV2011-0025CD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Keith Kinard Cook a/k/a Keith Cook a/k/a Keith K. Cook |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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 - Disproportionate sentence - Right to appeal - Section 99-35-101 - Voluntariness of plea |
| Summary of the Facts: | Keith Cook pled guilty to possession of more than two grams but less than ten grams of cocaine. Cook was sentenced as a habitual offender and a repeat drug offender and ordered to serve eight years followed by eight years of post-release supervision. Cook filed a motion for post-conviction relief which the trial court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Disproportionate sentence Cook argues his crime of cocaine possession is non-violent and should carry a lesser sentence. He also argues his sentence of eight years is cruel and unusual punishment under the Eighth Amendment. Because Cook had two prior felonies, the trial court was required to sentence him to the maximum term of imprisonment allowed by statute, which was sixteen years. Also, because Cook had prior drug convictions, the trial court had the option of doubling the sentence. Thus, Cook faced a possible thirty-two-year sentence without parole or probation. He was sentenced to eight years in prison followed by eight years of post-release supervision. Sentences which are permissible by statute are generally not disturbed on appeal. Issue 2: Right to appeal The trial court advised Cook there was no right to a direct appeal from a guilty plea. Cook argues this was erroneous advice. Section 99-35-101 provides that where the defendant enters a plea of guilty and is sentenced, then no appeal from the circuit court to the Supreme Court shall be allowed. Thus, Cook had no right to a direct appeal from his guilty plea. Issue 3: Voluntariness of plea Cook argues the trial court erred in accepting his guilty plea without first conducting a competency hearing. Cook does not give any reason the trial court should have had reasonable ground to believe he was incompetent to stand trial. The trial court questioned Cook and determined he was not under the influence of drugs, alcohol, or any medication that would have affected his ability to think clearly. Cook told the trial court he did not have a history of mental illness and understood the implications of his guilty plea. Thus, there is no merit to this issue. |
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