Larry v. State
129 So. 3d 263
Miss. Ct. App.2013Background
- Channing Larry pleaded guilty on August 19, 2009 to two counts of armed robbery in Lee County.
- Prior to pleading, Larry rejected a State plea offer of 20 years (12 suspended, 8 to serve); he later contends his attorney assured him a guilty plea in open court would yield no more than the 8 years.
- At the plea hearing the trial judge advised Larry of his rights, the nature of the charges, and the potential sentences; Larry affirmed he understood.
- Sentencing (Aug. 25, 2009) imposed 30 years with 15 years suspended on each count, to run concurrently; post-release supervision was also imposed on one count.
- Larry moved to withdraw his pleas and then sought post-conviction relief (PCR), alleging his pleas were involuntary due to counsel’s false assurances; the trial court denied PCR and Larry appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Larry’s guilty pleas were knowingly and voluntarily entered given alleged false assurances from counsel | Larry says counsel promised he would receive no more than the 8-year offer and that he did not understand "day-for-day" or ineligibility consequences, so pleas were induced and involuntary | The State (and trial court) point to the plea colloquy where the judge informed Larry of rights, charges, and sentencing ranges and corrected any misconceptions; the plea transcript contradicts Larry’s affidavits | The court held the pleas were voluntary; the plea colloquy cured any counsel misstatements and the PCR denial was not clearly erroneous |
Key Cases Cited
- Jackson v. State, 67 So.3d 725 (Miss. 2011) (standard of review for PCR denials and de novo review for legal questions)
- Brown v. State, 731 So.2d 595 (Miss. 1999) (PCR review principles)
- Jones v. State, 885 So.2d 83 (Miss. Ct. App. 2004) (solemn in-court declarations carry a strong presumption of verity)
- Burrough v. State, 9 So.3d 368 (Miss. 2009) (guilty plea valid if voluntarily and intelligently made)
- King v. State, 738 So.2d 240 (Miss. 1999) (same principle)
- Harris v. State, 806 So.2d 1127 (Miss. 2002) (trial court must advise defendant of rights, nature of charge, and consequences to ensure plea is voluntary)
- Loden v. State, 971 So.2d 548 (Miss. 2007) (court’s correction of counsel’s erroneous advice preserves voluntariness of plea)
- Staggs v. State, 960 So.2d 563 (Miss. Ct. App. 2007) (court may disregard movant’s assertions when substantially contradicted by plea record)