Sanders v. State
| Docket Number: | 2002-CP-00837-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-10-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Penalties - Voluntariness of plea - Ineffective assistance of counsel - Preliminary hearing Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, 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: Lafayette County Circuit Court Judge: Andrew K. Howorth Disposition: POST-CONVICTION COLLATERAL RELIEF - DENIED District Attorney: James M. Hood, III Case Number: LO1-373 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James R. Sanders |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Penalties - Voluntariness of plea - Ineffective assistance of counsel - Preliminary hearing |
| Summary of the Facts: | James Sanders pled guilty to murder and was sentenced to a term of life. He filed a petition for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Penalties Sanders argues that the court failed to advise him of the mandatory minimum sentence required for the crime charged. Failure by a court specifically to inform a defendant of the maximum and minimum sentences may be harmless if the defendant was correctly informed by another source. Sanders' petition to enter a plea of guilty states that he was informed by his attorney of the maximum and minimum penalties for the crime charged. Issue 2: Voluntariness of plea Sanders argues that his plea was not voluntarily made, because his claim of a history of mental illness was never investigated prior to entry of the plea and because he was coerced by his attorney. The plea hearing transcript shows that the court determined that Sanders' plea was voluntary based upon his responses to the court's questions regarding his plea, that Sanders indicated that there was nothing wrong with him, and that Sanders indicated that he had not been threatened or coerced into pleading guilty. Issue 3: Ineffective assistance of counsel Sanders argues that he did not receive effective assistance of counsel, because his attorney coerced him into pleading guilty by threatening him with the possibility of being sent to the gas chamber, his attorney only came to see him twice prior to the plea hearing, and he gave his attorney over 28 names of potential witnesses but none of these people were contacted. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. The record is void of evidence to establish a claim of ineffective assistance. Issue 4: Preliminary hearing Sanders argues that he was denied a preliminary hearing which is a constitutional right. The record does not show whether Sanders had a preliminary hearing. However, once the indictment occurs, the question of whether a preliminary hearing has been provided becomes moot. |
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