Ivy v. State
103 So. 3d 766
Miss. Ct. App.2012Background
- Ivy pled guilty in the Union County Circuit Court on Sept 16, 2010 to possession of cocaine and child endangerment.
- Sentence for possession: 16 years with 1 year suspended; sentence for endangerment: 10 years with 10 suspended.
- Sentences ordered to run consecutively, totaling 26 years, with 15 years to serve after suspensions.
- Five years of post-release supervision were imposed following incarceration.
- Ivy filed a post-conviction relief motion on Dec 10, 2010, which was denied without a hearing.
- The Mississippi Court of Appeals affirmed the circuit court’s denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Length of sentence exceeds statutory maximum | Ivy | Ivy | No error; sentence complies with law |
| Suspended sentence for a prior felon | Ivy | Ivy | No error; circuit court can suspend under 47-7-33 and 47-7-34 |
| Voluntariness of guilty plea / ineffective assistance | Ivy | Ivy | Ineffectiveness not shown; pleas were voluntary and counsels' advice not shown to be deficient |
| Illegal search and seizure | Ivy | Ivy | Procedurally barred and waived by guilty plea; no error |
Key Cases Cited
- Johnson v. State, 925 So.2d 86 (Miss. 2006) (felons may still receive suspended sentences under clarified statutes)
- Miller v. State, 875 So.2d 194 (Miss. 2004) (sentencing discretion restored to trial courts)
- Sweat v. State, 912 So.2d 458 (Miss. 2005) (interpretation of post-release supervision provisions)
- Gable v. State, 748 So.2d 703 (Miss. 1999) (great weight given to statements under oath during sentencing)
- Burrough v. State, 9 So.3d 368 (Miss. 2009) (ineffective assistance standard in guilty-plea context)
- Brown v. State, 923 So.2d 258 (Miss.Ct.App. 2006) (reiterates standard for reviewing sentencing orders)