Quincy Holmes v. State of Mississippi

• Court: Court of Appeals of Mississippi
• Decided: January 2, 2018
• Docket: 2016-CP-01374-COA
• Status: Published

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2016-CP-01374-COA

QUINCY HOLMES APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 08/22/2016 TRIAL JUDGE: HON. LEE SORRELS COLEMAN COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: QUINCY HOLMES (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF DISPOSITION: AFFIRMED - 01/02/2018 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE IRVING, P.J., BARNES AND WILSON, JJ.

WILSON, J., FOR THE COURT:

¶1. Quincy Holmes pled guilty to robbery and motor vehicle theft, and the circuit court

sentenced him to consecutive prison terms of fifteen years and ten years. Holmes later filed

a petition for post-conviction relief in which he alleged, among other things, that he received

ineffective assistance of counsel because his lawyer did not advise him of his right to appeal

the sentence imposed following his guilty plea. The circuit court dismissed the petition as

without merit, and Holmes appealed. On appeal, Holmes addresses only his ineffective

assistance claim. Holmes’s claim is without merit because, among other reasons, there is no

right to a direct appeal from a sentence imposed following a guilty plea. Henderson v. State, 89 So. 3d 598, 603 (¶¶19-21) (Miss. Ct. App. 2011).

¶2. AFFIRMED.

LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, FAIR, GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.