Eacholes v. State


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Docket Number: 2002-CP-01489-COA
Court of Appeals: Opinion Link
Opinion Date: 06-03-2003
Opinion Author: Lee, J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: PCR
Nature of the Case: PCR
Trial Court: Date of Trial Judgment: 08-20-2002
Appealed from: Calhoun County Circuit Court
Judge: Andrew K. Howorth
Disposition: DENIAL OF POST-CONVICTION RELIEF
District Attorney: James M. Hood, III
Case Number: C-2001-153
  Party Name: Attorney Name:  
Appellant: Robert Eacholes a/k/a Robert Echols




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Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  
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Topic: Post-conviction relief - Voluntariness of plea
Summary of the Facts: Robert Eacholes pled guilty to two counts of the sale of cocaine, and was sentenced to fifteen years on each count, with seven years suspended and eight years to serve concurrently on each count. He filed a motion for post-conviction relief which was denied. He appeals.
Summary of Opinion Analysis: Eacholes argues that his plea was not voluntarily made, because he was scared to proceed to trial because he overheard his attorney tell the district attorney that he was not in a "fighting mood." If the defendant is advised regarding the nature of the charge and the consequences of the plea, the plea is considered voluntary and intelligent. The record shows that Eacholes was informed of the charges against him and the possible sentence and that he admitted to committing the crimes charged.


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