Young v. State, 97-CP-00129-SCT.
Decision Date | 14 January 1999 |
Docket Number | No. 97-CP-00129-SCT.,97-CP-00129-SCT. |
Parties | Booker YOUNG a/k/a Booker T. Young v. STATE of Mississippi. |
Court | Mississippi Supreme Court |
Booker Young, Appellant, pro se.
Office of the Attorney General by Billy L. Gore, Attorney for Appellee.
BEFORE: PITTMAN, P.J., BANKS, and WALLER, JJ.
¶ 1. Booker Young ("Young") appeals the summary dismissal of his motion for post conviction relief filed in the Circuit Court of Panola County. Young alleged in his pro se motion that he was unlawfully coerced into making his guilty plea by a promise of a lenient sentence, that his sentence was harsh and excessive, and that he received ineffective assistance of counsel. Young raises the following issues on appeal,
I. THERE WAS SUFFICIENT EVIDENCE TO AFFORD YOUNG AN EVIDENTIARY HEARING ON THE QUESTION OF A COERCED GUILTY PLEA AND INEFFECTIVE ASSISTANCE OF COUNSEL.
II. THE TRIAL JUDGE ERRED IN SENTENCING YOUNG TO THE STATUTORY MAXIMUM FOR AGGRAVATED ASSAULT AND GRAND LARCENY.
¶ 2. After review of the record and briefs, it is this Court's opinion that neither issue has merit and the trial court's summary dismissal should be affirmed.
¶ 3. On July 11, 1993 Young hit his sleeping uncle nine times in the head with a hammer, cutting the victims ear loose from his head and causing other injuries. After tearing the phone out of the wall, Young stole his uncle's car keys and drove the car away, later wrecking and abandoning the vehicle. Young was apprehended and on October 27, 1993, waived his right to a Grand Jury and was proceeded against by information on the charges of aggravated assault and grand larceny. Miss.Code Ann. § 97-3-7(2) (1972) and Miss.Code Ann. § 97-17-41 (1972).
¶ 4. On October 26, 1993, Young offered a guilty plea in open court to the charges against him. After proper Boykinization the lower court accepted Young's plea and sentenced him to 20 years for the count of aggravated assault and 5 years on the grand larceny count.
¶ 5. Young filed his motion for post conviction relief on May 27, 1994, later amended and re-filed on May 12, 1995. The circuit court, after reviewing the file, summarily dismissed Young's motion and this appeal followed.
¶ 6. This Court has explained the procedural posture of an appeal from summary dismissal of a motion for post conviction relief as follows:
[R]eview of claims brought via formal post-conviction petition proceeds in a structural order whereby
Myers v. State, 583 So.2d, 174, 175-76 (internal citations omitted) (Miss.1991) (quoting Billiot v. State, 515 So.2d 1234, 1236 (Miss.1987)
).
¶ 7. Miss.Code Ann. § 99-39-9 (1994) provides that the motion shall contain the following:
¶ 8. Mississippi Code Annotated, § 99-39-11(2) (1994) provides that the lower court may summarily dismiss the motion "[i]f it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief."
¶ 9. Thus, as in a 12(b)6 dismissal, this Court reviews the record de novo to determine whether Young has failed to demonstrate "a claim procedurally alive `substantial[ly] showing denial of a state or federal right, ...'" Myers, 583 So.2d at 176 (quoting Billiot, 515 So.2d at 1237
); Miss.Code Ann. § 99-39-27(5) (1994).
¶ 10. Young's first contention is that his pleas were involuntary because he was improperly coerced into making a guilty plea by a promise of a lighter sentence. As this Court stated in Wright v. State, "where an affidavit is overwhelmingly belied by unimpeachable documentary evidence in the record such as, for example, a transcript or written statements of the affiant to the contrary to the extent that the court can conclude that the affidavit is a sham no hearing is required." Wright v. State, 577 So.2d 387, 390 (Miss. 1991) (citing Albertson v. T. J. Stevenson & Co., 749 F.2d 223 (5th Cir.1984)
); Perma Research & Dev. Co. v. Singer Co., 410 F.2d 572 (2d Cir.1969); see also King v. State, 679 So.2d 208, 210-11 (Miss.1996); Harris v. State, 578 So.2d 617, 620 (Miss. 1991).
¶ 11. The unimpeachable documentary evidence in the record before this Court overwhelmingly belies Young's claims:
¶ 12. Young now apparently contends that he was lying to the lower court and had been promised a lighter sentence in return for his plea. Great weight is given to statements made under oath and in open court during sentencing. Mowdy v. State, 638 So.2d 738, 743 (Miss.1994). Furthermore, Young produced no affidavits other than his own contradicting his earlier sworn statements, nor does he aver any reason why such affidavits are lacking. See Miss.Code. Ann. § 99-39-9(1)(e) (1994). This Court has stated that when the only support offered by a convict is his own affidavit, and his affidavit is contradicted by his own sworn statement, an evidentiary hearing is not required. Marshall v. State, 680 So.2d 794, 795 (Miss. 1996) (citing Campbell v. State, 611 So.2d 209, 210 (Miss.1992)
).
¶ 13. This court follows the Strickland test for determining when a defendant has been ineffectively represented by counsel. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Hill v. Lockhart, 474 U.S. 52, 58, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Mowdy v. State, 638 So.2d 738, 742 (Miss.1994); Wilson v. State, 577 So.2d 394, 396 (Miss.1991); Leatherwood v. State, 539 So.2d 1378, 1381 (Miss.1989).
¶ 14. Under that standard the defendant must overcome a strong presumption of effectiveness to show that the attorney's performance was deficient. Strickland, 466 U.S. at 689, 104 S.Ct. 2052; Chase v. State, 699 So.2d 521, 526 (Miss.1997); Connell v. State, 691 So.2d 1004, 1007 (Miss. 1997). The defendant must also show that the mistake or mistakes were so prejudicial as to convince this Court with a reasonable degree of certainty that but for counsel's mistakes, the outcome would have been different. Strickland, 466 U.S. at 694, 104 S.Ct. 2052; Chase v. State, 699 So.2d at 526-27; Connell v. State, 691 So.2d at 1007.
¶ 15. Here, the trial judge was correct that Young has failed to meet that standard. Young does not allege, nor does the record demonstrate, any specific instance in which his counsel's performance was deficient. Young apparently contends that his counsel was ineffective in failing to procure the more lenient sentence that he was allegedly promised.
¶ 16. It is apparent that Young's counsel did not render ineffective assistance of counsel. In fact, Young's plea in the instant case resulted in the State's remanding to the file an armed robbery charge, for which Young could have been sentenced to life in prison. The trial judge correctly found that Young's claim was without merit and subject to summary dismissal.
¶ 17. Young finally contends that the trial court erred in denying him a hearing on the question of whether the sentence imposed by the court, 20 years for aggravated assault and 5 years for grand larceny was excessive and grossly disproportionate.
¶ 18. Miss.Code. Ann. § 97-3-7(2) (1994) provides a maximum of 20 years for aggravated assault. Similarly, Miss.Code. Ann. § 97-17-41(1)(a) (Supp.1997) provides a maximum of 5 years for grand larceny. The trial court properly...
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