Edwards v. State
123 So. 3d 936
| Miss. Ct. App. | 2013Background
- Edwards pled guilty to statutory rape on 4/10/2006 and received a 20-year sentence with 15 years suspended, 5 to serve, and 5 years post-release supervision.
- Probation was revoked on 1/20/2010 for failure to comply with post-release supervision after a domestic-violence arrest, leading to reinstatement of the remaining 15 years in prison.
- Edwards filed a post-conviction motion on 10/13/2011 asserting constitutional violations, excess sentence, new material facts, involuntary plea, and ineffective assistance of counsel.
- Circuit court dismissed the motion on 1/19/2012 finding no merit to Edwards’s claims.
- Edwards appeals denial of post-conviction relief, and the Mississippi Court of Appeals affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy from reinstating suspended term | Edwards contends reinstatement violated double jeopardy | State argues reinstatement is enforcement of original sentence | No error; reinstatement permissible under law |
| voluntariness of Edwards’s plea | Plea induced without informing consequences of post-release violations | Plea was voluntary after waiver of rights and understanding of consequences | Plea voluntary and intelligent; no error |
| Ineffective assistance of counsel | Original attorney withdrew due to lack of payment; second attorney allegedly ineffective | Record shows no ineffective assistance; Strickland standard unmet | No ineffective assistance; claims inadequate under Strickland |
Key Cases Cited
- Pruitt v. State, 953 So.2d 302 (Miss.Ct.App.2002) (authority to reinstate suspended sentence upon post-release violation)
- Anderson v. State, 89 So.3d 645 (Miss.Ct.App.2011) (revocation of post-release supervision enforces original sentence)
- Burrough v. State, 9 So.3d 368 (Miss.2009) (plea validity requires voluntary and intelligent waiver of rights)
- King v. State, 738 So.2d 240 (Miss.1999) (plea validity standard (voluntary and intelligent))
- Harris v. State, 806 So.2d 1127 (Miss.2002) (necessity of advising rights and consequences before plea)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)