Mallett v. State
| Decision Date | 31 December 1991 |
| Docket Number | No. 91-KP-0542,91-KP-0542 |
| Citation | 592 So.2d 524 |
| Parties | William David MALLETT v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
William David Mallett, pro se.
Mike C. Moore, Atty. Gen., Mary Margaret Bowers, Sp. Asst. Atty. Gen., Jackson, for appellee.
Before HAWKINS, P.J., and PRATHER and SULLIVAN, JJ.
Mallett was indicted by the Attala County Grand Jury as an habitual offender for burglary of an inhabited dwelling, armed robbery and kidnapping. He ultimately entered guilty pleas to the charges and was sentenced on March 8, 1989, as a non-habitual offender to concurrent terms of fifteen (15) years, twenty-five (25) years, and twenty-five (25) years, respectively.
On February 13, 1991, Mallett petitioned the Circuit Court of Attala County for post-conviction relief pursuant to Miss.Code Ann. Sec. 99-39-1 et seq. (Supp.1991). On March 27, 1991, the circuit court denied Mallett relief without a hearing, and Mallett appeals.
I.
We find dispositive Mallett's claim that his guilty pleas were involuntary because the trial court failed, before accepting the pleas, to advise him of the minimum and maximum sentences which could be imposed. The record here fails to show that Mallett was informed of both the minimum and maximum sentences which the court could impose. Under these circumstances, we are obliged to reverse the judgment below, vacate Mallet's guilty pleas, and remand to the Circuit Court of Attala County for such further proceedings as may be appropriate. Wilson v. State, 577 So.2d 394, 397 (Miss.1991); Vittitoe v. State, 556 So.2d 1062, 1063-65 (Miss.1990); Unif.Crim.R.Cir.Ct.Prac. 3.03.
LOWER COURT'S DENIAL OF POST-CONVICTION RELIEF REVERSED, GUILTY PLEAS VACATED, AND REMANDED TO THE CIRCUIT COURT OF ATTALA COUNTY, MISSISSIPPI.
McRAE, J., dissents without separate written opinion.
To continue reading
Request your trial
-
Smith v. State
...Myers v. State, 583 So.2d 174 (Miss.1991); Baker v. State, 358 So.2d 401 (Miss.1978); or, It should be noted that Mallett v. State, 592 So.2d 524 (Miss.1991) appears to represent an anomaly. However, Mallett is distinguishable from this case. That case fails to give insight into the rationa......
-
Drennan v. State
...pleading guilty; and the minimum and maximum sentences which he or she may receive. Nelson v. State, 626 So.2d 121 (1993); Mallett v. State, 592 So.2d 524 (Miss.1991); Wilson v. State, 577 So.2d 394 (Miss.1991); Vittitoe v. State, 556 So.2d 1062 (Miss.1990). See also Mississippi Uniform Cir......
-
Banana v. State
...provided by law for the crimes of forgery, and, as a result, his guilty pleas were involuntary as a matter of law. In Mallet v. State, 592 So.2d 524 (Miss.1991), this Court reversed a trial court's denial of post-conviction relief when it found dispositive that the defendant had not been ad......
-
Lott v. Hargett, 94-60846
...sentence was later reduced to forty years, his guilty plea was rendered constitutionally suspect. He primarily relies on Mallett v. State, 592 So.2d 524 (Miss.1991), which held that a guilty plea is not knowingly, intelligently and voluntarily entered when the trial court fails to advise th......