Sago v. State, No. 2006-CP-01881-COA.
| Court | Court of Appeals of Mississippi |
| Writing for the Court | Lee |
| Citation | 978 So.2d 1285 |
| Parties | Vernell SAGO a/k/a Varnell Sago a/k/a Vernall Sago, Appellant v. STATE of Mississippi, Appellee. |
| Docket Number | No. 2006-CP-01881-COA. |
| Decision Date | 08 April 2008 |
v.
STATE of Mississippi, Appellee.
[978 So.2d 1286]
Vernell Sago, pro se.
Office of the Attorney General by Deirdre McCrory, attorney for appellee.
Before LEE, P.J., BARNES and ISHEE, JJ.
LEE, P.J., for the Court.
¶ 1. On or about August 1, 2005, Vernell Sago pleaded guilty in the Hinds County Circuit Court to the crime of business burglary. Sago was sentenced to serve a term of five years in the custody of the Mississippi Department of Corrections with two years supervised probation. On February 17, 2006, Sago filed a motion for post-conviction relief. The trial court subsequently denied Sago's motion for relief. Sago now appeals, asserting the following issues: (1) his guilty plea was not voluntary because he was promised a lighter sentence; (2) the trial court erred in granting the State's motion to amend the indictment; (3) the trial court erred in sentencing him to two years probation because,
as a convicted felon, he was not eligible for probation; and (4) his counsel was ineffective. Finding no error, we affirm.
¶ 2. A trial court's denial of post-conviction relief will not be reversed absent a finding that the trial court's decision was clearly erroneous. Smith v. State, 806 So.2d 1148, 1150(¶ 3) (Miss.Ct.App.2002). However, when issues of law are raised, the proper standard of review is de novo. Brown v. State, 731 So.2d 595, 598(¶ 6) (Miss.1999).
I. WAS SAGO'S PLEA INVOLUNTARY BECAUSE HE WAS PROMISED A LESSER SENTENCE?
¶ 3. In his first issue on appeal, Sago claims that his plea was involuntary because he was promised a lesser sentence. The record before us does not contain a transcript of Sago's guilty plea proceeding or his petition to enter a guilty plea, which we note was Sago's responsibility to provide. "[A]n appellant is responsible for bringing to our attention and presenting to this Court a record of trial proceedings sufficient to undergird his assignments of error." Winters v. State, 473 So.2d 452, 457 (Miss.1985). "Our law presumes that the judgment of the trial court is correct, and the appellant has the burden of demonstrating some reversible error to this Court." Buice v. State, 751 So.2d 1171, 1173(¶ 8) (Miss.Ct.App.1999) (citing Pierre v. State, 607 So.2d 43, 48 (Miss.1992)). Sago contends that his attorney informed him that the district attorney had offered Sago a sentence of five years, with three years to serve and two years suspended. In return, Sago claims, he would not be tried as a habitual offender, which he was charged as in the...
To continue reading
Request your trial
-
Booth v. Williams, NO. 2015-CA-00346-COA
...evidence supports the determination.’ ” (quoting Heard v. Remy , 937 So.2d 939, 944 (¶ 21) (Miss.2006) )). See also Flowers , 978 So.2d at 1285 (¶ 13) (“[I]t is customary for an appellate court, in the interest of judicial economy, to affirm a decision of the circuit court that reached the ......
-
Middleton v. State, No. 2009-CP-00977-COA.
...and proceeds to simply sentence the defendant, the resulting sentence is not a mandatory habitual sentence. See, e.g., Sago v. State, 978 So.2d 1285, 1287 (¶ 3) (Miss.Ct.App.2008) (stating that a defendant, who was indicted as a habitual offender, was sentenced as a non-habitual offender pu......
-
Flowers v. State, No. 2006-CP-01844-COA.
...in a circuit court may appeal to the supreme court, provided, however, an appeal from the circuit court to the supreme court shall not 978 So.2d 1285 be allowed in any case where the defendant enters a plea of guilty." At the plea hearing, the circuit court informed Flowers that a guilty pl......
-
Booth v. Williams, NO. 2015-CA-00346-COA
...evidence supports the determination.’ ” (quoting Heard v. Remy , 937 So.2d 939, 944 (¶ 21) (Miss.2006) )). See also Flowers , 978 So.2d at 1285 (¶ 13) (“[I]t is customary for an appellate court, in the interest of judicial economy, to affirm a decision of the circuit court that reached the ......
-
Middleton v. State, No. 2009-CP-00977-COA.
...and proceeds to simply sentence the defendant, the resulting sentence is not a mandatory habitual sentence. See, e.g., Sago v. State, 978 So.2d 1285, 1287 (¶ 3) (Miss.Ct.App.2008) (stating that a defendant, who was indicted as a habitual offender, was sentenced as a non-habitual offender pu......
-
Flowers v. State, No. 2006-CP-01844-COA.
...in a circuit court may appeal to the supreme court, provided, however, an appeal from the circuit court to the supreme court shall not 978 So.2d 1285 be allowed in any case where the defendant enters a plea of guilty." At the plea hearing, the circuit court informed Flowers that a guilty pl......