Griffis v. State

797 So. 2d 299, 2001 WL 316206
CourtCourt of Appeals of Mississippi
DecidedApril 3, 2001
Docket1999-CP-01447-COA
StatusPublished
Cited by4 cases

This text of 797 So. 2d 299 (Griffis 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
Griffis v. State, 797 So. 2d 299, 2001 WL 316206 (Mich. Ct. App. 2001).

Opinion

797 So.2d 299 (2001)

Charles GRIFFIS, Appellant,
v.
STATE of Mississippi, Appellee.

No. 1999-CP-01447-COA.

Court of Appeals of Mississippi.

April 3, 2001.

*301 Charles Griffis, Appellant, Pro Se.

Office of the Attorney General by John R. Henry Jr., Jackson, Attorney for Appellee.

Before KING, P.J., PAYNE, and IRVING, JJ.

IRVING, J., for the Court:

¶ 1. Charles Griffis pleaded guilty in the Circuit Court of Choctaw County to possession of cocaine with intent to distribute. He was sentenced to a term of ten years imprisonment and to placement in the house arrest program with five years supervised probation upon completion of the house arrest program or completion of the prison sentence if he did not successfully complete the house arrest program.

¶ 2. Subsequently to pleading guilty, Griffis filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel and that his plea was not given voluntarily. The trial judge denied the petition without an evidentiary hearing, finding that "it is manifest that the defendant is not entitled to any relief." Griffis has appealed and alleges that the trial court erred in denying the petition without an evidentiary hearing.

*302 FACTS

¶ 3. Griffis's pro se petition for post-conviction relief alleged that the assistance of counsel received by him was ineffective for the following reasons: (1) his court-appointed counsel spoke with him only two times and did not discuss the plea offer with him, opting instead to allow his secretary to do the discussion, (2) his counsel told him that Griffis could not use a witness that Griffis had identified, (3) his counsel told him to take the plea and tell the judge that Griffis did do the crime and was making the plea voluntarily, and (4) his counsel failed to discuss the minimum and maximum sentence with him before the plea. Griffis contended in the petition that his plea was involuntary because (a) he had been told that an alibi witness could not testify to prove Griffis's innocence, (b) he was told that he would be given thirty years if he did not accept the plea agreement, (c) he has a limited educational background, having completed only the third grade, and (d) he was on medication at the time the plea was entered and did not fully understand what he was doing but felt he did not have a choice. He said he was taking medication for his heart, nerves, pain and hypertension.

DISCUSSION OF THE ISSUES

I. Ineffective Assistance of Counsel

¶ 4. In order for Griffis to prevail on his claim of ineffective assistance of counsel, he must meet the standard set forth in Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984):

A convicted defendant's claim that counsel's assistance was so defective as to require reversal of conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.

¶ 5. "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Strickland, 466 U.S. at 686, 104 S.Ct. 2052. "The proper standard for attorney performance is that of reasonably effective assistance." Id. at 687, 104 S.Ct. 2052. "A guilty plea cannot be attacked as based on inadequate legal advice unless counsel was not `a reasonably competent attorney' and the advice was not `within the range of competence demanded of attorneys in criminal cases.'" Id. "Judicial scrutiny of counsel's performance must be highly deferential." Id. at 689, 104 S.Ct. 2052. "Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" Id. at 690, 104 S.Ct. 2052.

¶ 6. When the Strickland standard is applied to the facts of this case, it is immediately obvious that Griffis's claim must fail. First, the record provided us does not contain a copy of the "Petition to Enter Guilty Plea" nor a transcript of the plea hearing. It is the responsibility of the appellant to insure the availability of an appellate record sufficient to support *303 his claims. Smith v. State, 572 So.2d 847, 849 (Miss.1990). However, because of the severity of the claim, we have, on our own motion, had the record supplemented with copies of the "Petition to Enter Guilty Plea" as well as the transcript of the plea hearing.

¶ 7. Our perusal of the transcript of the plea hearing does not reveal that the trial judge advised Griffis of the maximum and minimum sentence Griffis could receive. It does show, however, that the trial judge conducted multiple plea hearings at the same time and that Griffis, along with the other defendants, answered, "Yes, sir" to the following questions propounded by the court:

Now, have you had explained to you and do you understand the maximum and the minimum sentence, that is the most and the least sentence that you can get for this crime that you're offering the plea of guilty to?
* * * *
Are each of then [sic] telling me that you feel like you know and understand your legal and constitutional rights that you are waiving or giving up if the Court accepts your plea of guilty? Are you telling me that you know and understand the maximum and minimum sentences that you could receive; and do you understand the significance of the Habitual Offender's Act? Are you telling me that?

¶ 8. Our examination of the "Petition to Enter Guilty Plea" shows that it was signed by Griffis and that the charge was "sale of cocaine, reduced to possession of intent." In the petition, Griffis makes the following representations:

5. (c) I understand that I may plead "not guilty" and may persist in that plea and that (a) the Constitution guarantees me the right to a speedy and public trial by jury, (b) the right to see, hear and cross examine [sic] all witnesses called to testify, (c) the right to use the power and processes of the Court to compel the production of evidence including the attendance of any witnesses in my favor.
7. At this time I am not under the influence of drugs or alcohol nor suffering from any mental disease.
8. I offer my plea of guilty freely and voluntarily and of my own accord and with full understanding of all matters set forth in the indictment here and in this Petition, and this plea is with the advice and consent of my lawyer.
9. My lawyer has informed me as to the maximum and minimum punishment which the law provides for the offense charged in the indictment. The maximum punishment which the Court may impose for this crime that I am charged with is 30 years and $1,000,000 fine.

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Bluebook (online)
797 So. 2d 299, 2001 WL 316206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffis-v-state-missctapp-2001.