Turner v. State
| Docket Number: | 2002-CP-00836-COA Linked Case(s): 2002-CP-00836-COA ; 2002-CT-00836-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-05-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Speedy trial - Elements of charge - Factual basis - URCCC 8.04(A)(3) - Defective indictment - URCCC 7.06 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Griffis, JJ. Non Participating Judge(s): Chandler, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-08-2002 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts District Attorney: Bilbo Mitchell Case Number: 01-CV-171(R) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tommy Turner, Jr. |
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 - Speedy trial - Elements of charge - Factual basis - URCCC 8.04(A)(3) - Defective indictment - URCCC 7.06 |
| Summary of the Facts: | Tommy Turner, Jr., pled guilty to felony DUI manslaughter. The court sentenced him to twenty years, with twelve years suspended, and to five years of supervised probation. Turner filed a motion for post-conviction relief which the court denied. Turner appeals. |
| Summary of Opinion Analysis: | Issue 1: Speedy trial Turner argues that he was denied due process when his counsel failed to inform him of his right to a speedy trial. Not only does the transcript of the guilty plea show that Turner was told that he had a right to speedy public trial by a jury and that by pleading guilty he waived that right, but a valid guilty plea waives the right to a speedy trial. Issue 2: Elements of charge Turner argues that neither the court nor his attorney advised him of the elements of the charge or the rights he was forfeiting by entering the guilty plea. However, the record is clear that Turner was aware of the charge to which he pleaded guilty, as well as its elements, and that he knew the effect of a guilty plea upon his constitutional rights. Issue 3: Factual basis Turner argues that the State failed to establish a factual basis for the charge to which he pleaded. URCCC 8.04(A)(3) requires that in order for the court to accept a guilty plea, there must be a factual basis for the guilty plea. The record clearly demonstrates that the State established a factual basis for the charge. Issue 4: Defective indictment Turner argues that the indictment was fatally defective, because the charge was misidentified and the wrong subsection was specified. However, the proper statute, albeit the wrong subsection, was included in the indictment. More importantly, the language contained in the body of the indictment makes it impeccably clear that Turner was charged with causing the death of his passenger while feloniously and negligently operating a vehicle under the influence of intoxicating liquor. If an indictment reasonably provides the accused with actual notice and it complies with URCCC 7.06, it is sufficient to charge the defendant with the crime. Turner’s indictment met this standard. |
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