Hodgin v. State

702 So. 2d 113, 1997 Miss. LEXIS 613, 1997 WL 688475
CourtMississippi Supreme Court
DecidedNovember 6, 1997
DocketNo. 96-CA-00463-SCT
StatusPublished
Cited by5 cases

This text of 702 So. 2d 113 (Hodgin v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodgin v. State, 702 So. 2d 113, 1997 Miss. LEXIS 613, 1997 WL 688475 (Mich. 1997).

Opinion

PRATHER, Presiding Justice,

for the Court:

I. INTRODUCTION

¶ 1. This case arises from the alleged sexual molestation of several young boys on a flag football team coached by the appellant, Len-zy Louis Hodgin. Hodgin was indicted on five counts of child fondling and one count of sexual battery. Hodgin agreed to plead guilty to one charge of fondling a seven-year-old boy. The State agreed to recommend the maximum sentence of ten years on this charge, and to pass the other charges to the files. Upon the entry of Hodgin’s guilty plea, and, in accordance with the State’s recommendation, the trial court sentenced Hod-gin to ten years on one count of fondling.

¶2. Hodgin’s subsequent motion for post-conviction relief was denied, giving rise to the appeal sub judice. Hodgin raises the following issues for consideration by this Court.

[114]*114A. Whether the trial court erred in accepting Hodgin’s guilty plea?

B. Whether Hodgin received effective assistance of counsel?

¶ 8. Hodgin’s assertions (that his plea was not voluntarily and intelligently given and that he received ineffective assistance of counsel) are not supported by and are contradicted by the record. Therefore, the trial court’s denial of post-conviction relief is affirmed.

¶4. However, this case raises the question of whether it is appropriate for several guilty pleas to be entered simultaneously. Although the record in this ease does not require reversal, the better practice would be for pleas to be entered individually. Therefore, in the future, the practice of hearing more than one guilty plea at the same time should be avoided, except in cases where charges against more than one defendant arise from the same set of facts. Furthermore, where the pleas of more than one defendant are entered in the same proceeding, it is incumbent on the court reporter to record the entire proceeding.

II. STATEMENT OF THE FACTS

¶ 5. The record reflects that, on September 15,1994, “several defendants were before the [Forrest County Circuit C]ourt to enter pleas of guilty.” The trial judge called Hodgin forward and stated the charges against Hod-gin, which included five indictments for fondling and one indictment for sexual battery. The prosecutor and defense counsel indicated that they had agreed that Hodgin should plead guilty on one charge of fondling and that the State would recommend the maximum sentence on that count; in exchange, the State would pass the other indictments to the files.

¶ 6. The Circuit Clerk administered the oath to all the defendants, after which, the trial judge individually questioned Hodgin. In response to the judge’s questioning, Hodgin, age 24, testified that he had twelve years of education and had been employed as a truck driver.

¶7. Thereafter, the trial judge questioned the entire group of defendants. The record does not include the responses of the other defendants before the trial court. However, it appears that each defendant answered each question individually, because the record indicates that “[a]ll answers [transcribed] will be those of Mr. Hodgin unless otherwise indicated.” Hodgin stated that he was not under the influence of drugs or intoxicants, and that he understood the nature and the consequences of the charges against him.

¶ 8. The trial judge then addressed Hodgin individually as follows: “Lenzy Hodgin, did you commit the crime of Fondling?” To which Hodgin replied, ‘Tes, sir.”

¶ 9. The trial judge resumed his questions to the group, and Hodgin responded that no one had led him to believe that he would receive a sentence less than the one recommended by the State, and he understood that the trial judge was not obligated to accept the recommendation of the State. Hodgin also stated that he understood the minimum and the maximum sentences that could be imposed in his case. He understood that, by entering a guilty plea, he waived his right to appeal; his right against self-incrimination; his right to a jury trial; his right to have the State prove the ease against him beyond a reasonable doubt; his right to confront the witnesses against him; and his rights to testify or not testify.

¶ 10. Hodgin admitted that he committed the crime and testified that his plea was not the result of threats or promises. Hodgin’s attorney testified that Hodgin had been advised of and fully understood his constitutional and statutory rights. Hodgin testified that he was satisfied with the services of his attorney; that his attorney made no threats or promises to get him to plead guilty; and, that he had been properly represented by his attorney.

¶ 11. Hodgin further stated that his testimony was true and that he was pleading guilty because he was, in fact, guilty, and for no other reason. Hodgin knew of no reason why the trial judge should reject his plea.

¶ 12. The record indicates that, thereafter, the “defendants were before the court indi[115]*115vidually with their attorneys.” Hodgin, once again, admitted his guilt. The State recommended a sentence of ten years in prison. The trial judge noted that ten years was the maximum sentence, and the following exchange took place:

BY THE COURT: We should note for the record that, I presume, that was done, and I’m sure [defense counsel] must have worked out a situation, because there were other cases pending.
BY [THE PROSECUTOR]: Yes, sir.
BY THE COURT: I want to make absolutely certain, since it is the maximum sentence, the reasoning behind giving a maximum sentence on a plea arrangement.
BY [THE PROSECUTOR]: Yes, sir. I believe [defense counsel] and his client understand that in exchange for receiving the maximum sentence on the one count, that we will not proceed on the other counts.
BY THE COURT: Is that correct?
[BY HODGIN]: Yes, sir.
******
BY [DEFENSE COUNSEL]: And all pending charges will be merged and passed to the files.
BY [THE PROSECUTOR]: That’s correct.

III. LEGAL ANALYSIS

¶ 13. The trial court denied Hodgin’s PCR motion without an evidentiary hearing. This type of ruling is allowed under Miss.Code Ann. § 99-39-11(2), which provides that: [i]f it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the ease that the movant is not entitled to any relief, the judge may make an order for its dismissal and cause the prisoner to be notified. Miss.Code Ann. § 99-39-11(2) (Supp.1995); see also Hubbard v. State, 628 So.2d 1386, 1387 (Miss.1993). In reviewing this case,

[o]ur procedural posture is analogous to that when a defendant in a civil action moves to dismiss for failure to state a claim. We examine the application, exhibits, and appellate record for the purpose of determining whether they suffice to warrant an evidentiary hearing on the issues presented.

Horton v. State, 584 So.2d 764, 767 (Miss.

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Related

Wiley v. State
750 So. 2d 1193 (Mississippi Supreme Court, 1999)
Hodgin v. State
710 So. 2d 404 (Mississippi Supreme Court, 1998)
Lenzy Louis Hodgin v. State of Mississippi
Mississippi Supreme Court, 1996
William L. Wiley v. State of Mississippi
Mississippi Supreme Court, 1995

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Bluebook (online)
702 So. 2d 113, 1997 Miss. LEXIS 613, 1997 WL 688475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodgin-v-state-miss-1997.