Hundley v. State

803 So. 2d 1225, 2001 Miss. App. LEXIS 546, 2001 WL 1610089
CourtCourt of Appeals of Mississippi
DecidedDecember 18, 2001
DocketNos. 2000-CP-01299-COA, 2000-CP-01300
StatusPublished
Cited by7 cases

This text of 803 So. 2d 1225 (Hundley 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
Hundley v. State, 803 So. 2d 1225, 2001 Miss. App. LEXIS 546, 2001 WL 1610089 (Mich. Ct. App. 2001).

Opinion

KING, P.J.,

for the Court.

¶ 1. Appellant Ralph Hundley sought post-conviction relief after having entered a guilty plea to two charges of the sale of cocaine. Oh appeal, Hundley claims the trial court failed to address him personally as to each of his basic constitutional rights involved in the plea proceedings. Accordingly, he maintains that he is entitled to relief from his pleas and sentences. For the reasons set forth in this opinion, we affirm in part and reverse and render in part.

ISSUES

I. WHETHER THE TRIAL COURT ERRED IN REFUSING TO GRANT HUNDLEY POST-CONVICTION RELIEF AND VACATE HIS GUILTY PLEA.

II. WHETHER THE TRAIL COURT ERRED IN FAILING TO FIND THE GUILTY PLEA WAS INVOLUNTARILY ENTERED.

III. WHETHER THE TRIAL COURT ERRED IN DISMISSING HUNDLEY’S SECOND MOTION FOR POST-CONVICTION RELIEF FILED UNDER A DIFFERENT CAUSE NUMBER AND FINDING THE MOTION FRIVOLOUS AND IMPOSING SANCTIONS.

FACTS

2. Hundley entered guilty pleas to two charges of sale of cocaine as an habitual offender. At the hearing on the plea, the judge questioned Hundley on issues regarding his representation, the voluntariness of his plea, the possible sentences for those charges, the essential elements of the charges against him, his knowledge and understanding of the effect of entering guilty pleas, the plea petition and whether he read, signed and understood it, and whether he understood the constitutional rights waived by entering guilty pleas. Hundley acknowledged that his guilty pleas were being made voluntarily with knowledge of the constitutional rights waived and with an understanding of the possible sentences for these charges, that he had read and signed the plea petition, that he was subject to an enhanced sentence as a repeat offender, that he had not been coerced or tricked into entering his guilty plea, that he was guilty of the charges against him, and that he was waiving his right to appeal his conviction on these charges.

¶ 3. Hundley filed a petition for post-conviction relief which was denied. The circuit court held that Hundley’s plea had been voluntarily and knowingly entered and that he had effective assistance of counsel and was therefore entitled to no relief. Prior to the issuance of the order denying relief, Hundley filed a second motion for post-conviction relief which contained the identical arguments as in his first motion.

¶ 4. The circuit court found the second petition to be identical to the first and thus frivolous and accordingly denied any relief. [1227]*1227The circuit court also sanctioned Hundley by ordering a forfeiture of sixty days of accrued earned time pursuant to the terms of Mississippi Code Annotated section 47-5-138 of 1972, as amended.

ANALYSIS

I. and II. Post-conviction relief and guilty pleas

¶ 5. In his petitions for post-conviction relief, Hundley asked to be relieved of his plea and sentence because the circuit court faded to personally query him on his waiver of each and every constitutional right thereby making his pleas void for lack of voluntariness and understanding. That request has been denied by the circuit court, and Hundley now presents it to this Court.

¶ 6. Before accepting a plea of guilty, the trial judge is required to determine that the defendant’s effort at entering a guilty plea, is done knowingly, voluntarily and with understanding. Harris, v. State, 757 So.2d 195, 200 (¶ 23)(Miss.2000); URCCC 8.04(A)(4).

¶ 7. This court has reviewed the record and finds it does not support Hundley’s claim. Particularly relevant is the following portion of the colloquy of Hundley’s plea hearing:

Q. And you are represented by Mr. James Potuk; is that correct.?
A. Yes.
Q. All right. You have been indicted in your three cases on a felony. Two of these indictments are sale of cocaine. The other indictment is possession of methamphetamine. All is enhanced under the habitual offender statute, also. Do you understand that if you are convicted of sale of cocaine, you could be sentenced to serve 60 years for each sale and up to 6 years on possession of methamphetamine? Do you understand that?
A. Yes, sir.
Q. And you could also be fined not less than $1000, no more than one million dollars in each sale case and/or not less than $1,000, no more than $30,000 on the possession of methamphetamine case. Do you understand that?
A. Yes, sir.
Q. And it is your desire to plead guilty to the two sale of cocaine cases?
A. Yes.
Q. And the methamphetamine case will be dismissed. Is that your understanding?
A. Yes, sir.
Q. Okay. Now, each question that I ask you from this point forward, I want you to consider it as applying to both of your sale cases. Okay?
A. Yes.
Q. Have you discussed the facts of both of these cases with your attorney, Mr. Potuk?
A. Yes.
Q. Have you discussed with him any possible legal defense to these charges that you might have, if you have any legal defenses; that its, have you discussed those possibilities with him?
A. Yes.
Q. Are you satisfied with the services rendered to you and on your behalf by your attorney?
A. Yes.
Q. Do you feel like he has done all that any attorney could do in representing you and defending you in your case?
A. Yes.
Q. Do you feel like anyone is putting any pressure on you to make you plead guilty? ...
A. No.
[1228]*1228Q. Do you feel like anyone is tricking you or manipulating you in any way to make you plead guilty this morning.?
A. No.
Q. All right. Did Mr. Potuk explain to you what we call the essential elements that makes up these to sale cases? And by that I mean, did Mr. Potuk tell you what the State of Mississippi, acting through the District Attorney’s office, would have to prove at a trial beyond a reasonable doubt before a jury could convict you of these to sale cases?
A. Yes.
Q. Do you understand those essential elements?
A. Yes.
Q. Have you gone over this petition with your attorney paragraph by paragraph?
A. Yes.
Q. ... So if I understand what you are telling the Court, you are entering your plea of guilty freely, voluntarily, and knowingly with a full understanding of all matters that are set forth not only in your indictment that charges you with the sale of cocaine in each case, but in this petition to plead guilty; is that correct?
A. Yes.
Q.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jess Green v. State of Mississippi
242 So. 3d 176 (Court of Appeals of Mississippi, 2017)
Edmond Quintezes Mosley v. State of Mississippi
150 So. 3d 127 (Court of Appeals of Mississippi, 2014)
Rigdon v. State
126 So. 3d 931 (Court of Appeals of Mississippi, 2013)
Blount v. State
126 So. 3d 927 (Court of Appeals of Mississippi, 2013)
Brandon v. State
108 So. 3d 999 (Court of Appeals of Mississippi, 2013)
Mock v. State
76 So. 3d 223 (Court of Appeals of Mississippi, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
803 So. 2d 1225, 2001 Miss. App. LEXIS 546, 2001 WL 1610089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hundley-v-state-missctapp-2001.