Mullins v. State


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Docket Number: 2002-CA-01172-COA

Court of Appeals: Opinion Link
Opinion Date: 11-18-2003
Opinion Author: Chandler, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 06-26-2002
Appealed from: Harrison County Circuit Court
Judge: Stephen Simpson
Disposition: Denied petition for PCR.
District Attorney: Cono A. Caranna, II
Case Number: A2402-02-00104

  Party Name: Attorney Name:  
Appellant: Roy Douglas Mullins




JIM DAVIS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Post-conviction relief - Voluntariness of plea

Summary of the Facts: Roy Mullins pled guilty to a charge of armed robbery and was sentenced to ten years. He filed a petition for post-conviction relief asserting that his guilty plea was involuntary. The court denied his petition, and he appeals.

Summary of Opinion Analysis: Mullins argues that he entered the plea on advice from his counsel which included assurance that the district attorney agreed to ask for the minimum sentence of three years, and it was extremely likely that the entire sentence would be suspended. A defendant must be informed of the minimum and maximum penalties of a crime to which he pleads guilty prior to the actual plea. Mullins signed a petition to plead guilty which stated that the minimum sentence is three years. Therefore, there is no doubt that Mullins was correctly informed of the minimum sentence. In addition, his attorney's statement shows that the attorney did not contemplate that Mullins would receive a wholly suspended sentence, and that his attorney correctly interpreted the law as mandating a minimum sentence of three years.


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