Clark v. State
| Docket Number: | 2002-CP-00801-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-26-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Factual basis of plea - Sanctions Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-01-2002 Appealed from: Rankin County Circuit Court Judge: Samac Richardson Disposition: TRIAL COURT DENIED POST-CONVICTION RELIEF, SANCTIONED DEFENDANT FOR FILING A FRIVOLOUS PETITION, AND ORDERED DEFENDANT TO FORFEIT EARNED TIME IN ACCORDANCE WITH AND PURSUANT TO M.C.A. SECTION 47-5-138 District Attorney: Rick Mitchell Case Number: 2002-0109 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Carl V. Clark |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Factual basis of plea - Sanctions |
| Summary of the Facts: | Carl Clark entered a plea of guilty to robbery and was sentenced to eleven years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Clark argues that he was denied due process of law because the court permitted him to enter a plea of guilty to simple robbery but found him guilty of, and imposed a sentence for, strong arm robbery. However, "simple robbery" and "strong arm robbery” are one and the same. Clark also argues that the court erred when it accepted his plea of guilty to robbery since the facts related during the plea colloquy support an offense no greater than grand larceny. A factual basis for a guilty plea may be established by the actual admission by the defendant. Clark admitted his guilt. The factual submission by the State, along with Clark's admission of guilt, provided a sufficient factual basis for the court's acceptance of Clark's guilty plea to strong arm robbery. Clark also argues that the court abused its discretion when it found that his post-conviction relief motion was frivolous and imposed sanctions against him. Because none of Clark’s issues possess any merit, it is fair to say that his motion had no realistic chance of success or any arguable basis in fact or law. |
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