Bridges v. State

973 So. 2d 246, 2007 WL 1121463
CourtCourt of Appeals of Mississippi
DecidedApril 17, 2007
Docket2006-CP-00110-COA
StatusPublished
Cited by1 cases

This text of 973 So. 2d 246 (Bridges v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridges v. State, 973 So. 2d 246, 2007 WL 1121463 (Mich. Ct. App. 2007).

Opinion

973 So.2d 246 (2007)

Michael BRIDGES, Appellant
v.
STATE of Mississippi, Appellee.

No. 2006-CP-00110-COA.

Court of Appeals of Mississippi.

April 17, 2007.
Rehearing Denied January 15, 2008.

Michael Bridges, Appellant, pro se.

Office of the Attorney General by W. Daniel Hinchcliff, attorney for appellee.

Before MYERS, P.J., IRVING and BARNES, JJ.

IRVING, J., for the Court.

¶ 1. Michael Bridges appeals a judgment of the Lowndes County Circuit Court dismissing his motion for post-conviction relief (PCR). He asserts (1) that his guilty plea was involuntarily entered, (2) that he *247 received ineffective assistance of counsel, and (3) that the circuit court erred in refusing to grant his, motion for an evidentiary hearing.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. Bridges was indicted by a Lowndes County grand jury for possession of at least two precursor chemicals with intent to manufacture methamphetamine. On June 29, 2004, pursuant to a plea agreement, Bridges pleaded guilty to possession of methamphetamine precursors as a prior drug offender. The State agreed not to pursue sentencing as a habitual offender. However, the agreement provided that Bridges would be sentenced as a second and subsequent drug offender. The court sentenced him to thirty-four years in the custody of the Mississippi Department of Corrections.

¶ 4. On June 20, 2005, Bridges filed a PCR motion which was summarily dismissed by the trial court. Bridges then filed a motion for rehearing, to which he attached affidavits from his mother and father, alleging that Bridges' attorney assured Bridges that he would receive a sentence between eight and twelve years. This motion was likewise denied.

ANALYSIS AND DISCUSSION OF THE ISSUES

1. Involuntary Guilty Plea

¶ 5. "A guilty plea will only be binding upon a criminal defendant if it is voluntary and intelligently entered." Drennan v. State, 695 So.2d 581, 584 (Miss.1997) (quoting Alexander v. State, 605 So.2d 1170, 1172 (Miss.1992)). In order to be voluntarily and intelligently entered, a defendant must be advised about the nature of the crime charged against him and the consequences of the guilty plea." Id.

¶ 6. Bridges contends that his guilty plea was entered involuntarily for several reasons: (1) he pleaded guilty upon advice from his attorney that he would receive a sentence of eight to twelve years, (2) the trial court never ruled on his motion for re-sentencing,[1] (3) the trial court failed to adequately advise him of the true nature and critical elements of the charges against him, (4) the trial court did not read the indictment into the record, (5) his thirty-four year sentence is disproportionate to the crime, (6) he was not permitted to call witnesses for rebuttal or impeachment purposes at his suppression hearing, and (7) he was not granted his right to a speedy trial.

¶ 7. The transcript of the plea hearing and the petition to plead guilty clearly belie allegations one and three. The petition states, "I recognize that if I have been told by my lawyer that I might receive probation or a light sentence, this is merely his prediction and is not binding on the Court." In addition, the following exchange between the court and Bridges at the guilty plea hearing contradicts Bridges' contention that his plea was not voluntarily and intelligently entered:

Q. Okay. Now, you understand that you're giving up your right to a jury trial?
A. Yes, ma'am.
Q. You also understand that you're giving up your constitutional right against self-incrimination; that is, your right not to testify against yourself. *248 You understand you're giving up that right?
A. Yes, ma'am.
Q. Okay. And you're giving up your right to question the state's witnesses?
A. Yes, ma'am.
Q. You're giving up your right to make them come into court?
A. Yes, ma'am.
Q. And to testify against you?
A. Yes, ma'am.
Q. Now, under our law, you have the right to testify as a witness yourself in your own trial, but if you plead guilty, you don't have 4 chance to make a decision as to whether you would or would not testify as a witness because we're not going to have a trial. Do you understand that?
A. Yes, ma'am.
Q. And you understand that you are stating that you're guilty of this offense of—
A. Yes, ma'am.
Q. —possession of methamphetamine precursors?
A. Yes, ma'am.
Q. Now, before a jury could find you guilty of this crime, the state would have to come to court and prove that you were guilty beyond a reasonable doubt. If you plead guilty, the state is not required to prove anything to a jury because you're standing here saying you did it. Do you understand that?
A. Yes, ma'am.
* * * *
Q: Now you understand that if you plead guilty to this charge and the court accepts your plea, that the court can sentence you—the minimum sentence is 0 years and $10,000 up to 60 years and a $2 million fine?
A. Yes, ma'am.
Q: Okay. Now, Mr. Goodwin, you advised Mr. Bridges of his constitutional rights?
ATTORNEY FOR DEFENDANT: I did, your honor.
Q: And you advised him of the elements of the offense to which he is pleading guilty?
ATTORNEY FOR DEFENDANT: I did, your honor.

¶ 8. The transcript of the plea hearing also reflects that Bridges understood that he was entering an open plea and that the State had not made a recommendation. However, the district attorney agreed to pursue an enhanced sentence pursuant to Bridges' status as a prior drug offender,[2] rather than to try him as a habitual offender. The court asked Bridges if he had any questions regarding the enhanced punishment as a prior drug offender. He responded, "I really don't understand what it—I mean, enhanced punishment. The agreement said 0 to 60 years, and I'm just leaving it up to you." In order to ensure that Bridges fully understood the sentencing process, the court explained that it would not be required to impose a mandatory sentence; because Bridges was being sentenced as a prior drug offender,[3] as opposed to a habitual offender.

*249 ¶ 9. The court also examined Bridges' attorney to ensure that Bridges had been fully informed about the minimum and maximum sentences for possession of methamphetamine precursor chemicals. The trial judge asked Bridges, "[A]nd [your attorney] discussed that with you?" Bridges responded in the affirmative. Furthermore, the trial judge asked Bridges, "[D]o you have any questions about anything that's in the document, the petition to enter a plea of guilty, that you want to ask the court about?" Bridges responded, "[N]o, ma'am." The trial judge also asked Bridges at his sentencing hearing whether he understood that the court had the authority to enhance or double his prison term and/or fine. Bridges responded, "[Y]es, ma'am."

¶ 10. "Solemn declarations in open court carry a strong presumption of verity." Baker v. State, 358 So.2d 401, 403 (Miss.1978) (quoting Blackledge v. Allison,

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Bluebook (online)
973 So. 2d 246, 2007 WL 1121463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridges-v-state-missctapp-2007.