Johnson v. State
| Docket Number: | 2002-CP-00393-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Evidentiary hearing - Voluntariness of plea - Ineffective assistance of counsel - Double jeopardy Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Chandler and Griffis, JJ. Concurs in Result Only: Southwick, P.J. and Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-19-2002 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: DENIAL OF POST-CONVICTION RELIEF District Attorney: Bilbo Mitchell Case Number: 02-CV-014(B) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rudolph Valentino Johnson, Sr. |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY 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 - Time bar - Evidentiary hearing - Voluntariness of plea - Ineffective assistance of counsel - Double jeopardy |
| Summary of the Facts: | Rudolph Johnson entered a guilty plea to armed robbery and aggravated assault. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Time bar Johnson was not entitled to post-conviction relief because the three year time period for filing post-conviction relief petitions had expired. He did not file his petition for post-conviction relief until three days after the three year deadline. Issue 2: Evidentiary hearing Johnson argues that the court erred in denying him an evidentiary hearing. A court does not have to grant an evidentiary hearing when it is apparent that there are no material facts to support the claim. Therefore, the court correctly denied the hearing. Issue 3: Voluntariness of plea Johnson argues that he was incorrectly informed of the sentence his plea would carry. A plea is voluntary if the defendant was advised about the nature of the crime charged against him and the consequences of the guilty plea. Although the attorney misinformed Johnson prior to the plea hearing, the attorney brought the mistake to light and the judge properly informed Johnson what the sentence could be under the statutory guidelines. Issue 4: Ineffective assistance of counsel Johnson argues that he received ineffective assistance, because of the erroneous advice from his lawyer concerning the length of the sentence. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. The attorney advised the judge of the misinformation during the hearing, and Johnson indicated he understood the correct sentence. Issue 5: Double jeopardy Johnson argues that he could not plead guilty to both aggravated assault and armed robbery because the two crimes arose from the same incident. Although they arose from the same incident, the two crimes were separate. |
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