Young v. State
| Docket Number: | 2002-CP-00253-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Illegal search Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-13-2002 Appealed from: Walthall County Circuit Court Judge: Keith Starrett Disposition: PETITION OF POST-CONVICTION RELIEF IS HEREBY DENIED AND DISMISSED. District Attorney: J. Daniel Smith Case Number: 01-90-KA |
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| Party Name: | Attorney Name: | |||
| Appellant: | Elliott Young |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFERY A. KLINGFUSS |
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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 - Voluntariness of plea - Illegal search |
| Summary of the Facts: | Elliott Young pled guilty to possession of at least 0.1 gram of cocaine and was sentenced to five years. He filed a pro se motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Young argues that his plea of guilty was the result of deception from his attorney. The burden of proving that a guilty plea was involuntary is on the defendant and must be proven by a preponderance of the evidence. Young fails to meet his burden. He has provided neither the sentencing transcript nor sufficient evidence of the deceptive “firm promise” of his attorney for review on appeal. Issue 2: Illegal search Young argues there was not sufficient probable cause to search his vehicle and therefore the fruits of that search must be thrown out as State’s evidence, leaving insufficient evidence to convict him of possession of cocaine. A guilty plea operates to waive the defendant's privilege against self-incrimination, the right to confront and cross-examine the prosecution's witnesses, the right to a jury trial and the right that the prosecution prove each element of the offense beyond a reasonable doubt. Therefore, it is not inappropriate to find an objection to the admissibility of evidence waived when a defendant enters a plea of guilty to the overall crime. |
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