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05/02/97 HALL v. STATE

May 02, 1997

HALL
v.
STATE



Before Prather, C.j., Banks And Smith, JJ.

The opinion of the court was delivered by: Smith, Justice, For The Court

DICK HALL v. STATE OF MISSISSIPPI

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A

TRIAL JUDGE: HON. R. KENNETH COLEMAN

COURT FROM WHICH APPEALED: CALHOUN COUNTY CIRCUIT COURT

BY: ROGER W. WILLIAMS

DISTRICT ATTORNEY: JIM HOOD

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION AFFIRMED - 6/18/98

This case comes to this Court from the Circuit Court of Calhoun County where Dick Hall entered a plea of guilty to seven counts of sale of cocaine and was sentenced to serve seven terms of twenty years in the custody of the Mississippi Department of Corrections with all but two of the terms to run concurrent.

Hall filed a Petition for Post-Conviction Relief in the lower court

Hall alleging (1) that his guilty plea was involuntarily, unintelligently, and unknowingly entered; (2) that he was not adequately advised of his rights; (3) that he was improperly denied discovery materials; (4) that he was deprived of his right to a preliminary hearing; (5) that the indictment failed to allege the commission of a crime; and (6) that he was denied effective assistance of counsel. The lower court summarily dismissed the petition without an evidentiary hearing and denied all relief requested, prompting Hall's appeal to this Court. We find no merit to Hall's contention and affirm his conviction and sentence.

FACTS On or about January 30, 1993, Dick Hall was arrested for the crime of sale of a controlled substance, i.e., cocaine, in violation of Miss. Code Ann. § 41-29-139 (a)(1). Hall would then later be indicted prior to the April 1993 term of the Calhoun County Grand Jury on seven separate counts of sale of cocaine. On August 2, 1993, Hall entered a plea of guilty to all seven separate counts. After conducting a guilty plea hearing, the trial court accepted Hall's plea of guilty and sentenced Hall to serve in the custody of the Department of Corrections: twenty years in Cause Number CK93-006 for one count of sale of cocaine; twenty years for each of the three counts of sale of cocaine in Cause Number CK93-007 with the twenty year sentences in Cause Number CK93-007 to run concurrent with the twenty year sentence in Cause Number CK93-006; twenty years for one count of sale of cocaine in Cause Number CK93-008; twenty years for one count of sale of cocaine in Cause Number CK93-009; and twenty years for one count of sale of cocaine in Cause Number CK93-010 with the sentences in Cause Numbers CK93-008, CK93-009, and CK93-010 to run concurrent with each other but run consecutive to the sentences in Cause Numbers CK93-006 and CK93-007.

On July 3, 1996, Hall filed a Petition for Post-Conviction Relief in the Circuit Court of Calhoun County wherein he alleged (1) that his pleas of guilty were involuntarily, unintelligently, and unknowingly entered; (2) that he was not adequately advised of his rights; (3) that he was improperly denied discovery materials; (4) that he was deprived of his right to a preliminary hearing; (5) that the indictment failed to allege the commission of a crime; and (6) that he was denied effective assistance of counsel. Then, on May 2, 1997, the trial court summarily dismissed the petition without an evidentiary hearing and denied all relief.

Aggrieved, Hall now appeals to this Court, raising the following issues:

I. WHETHER HALL'S PLEA OF GUILTY WAS VOLUNTARILY, INTELLIGENTLY, AND KNOWINGLY ENTERED.

II. WHETHER HALL WAS ADEQUATELY ADVISED OF HIS RIGHTS PURSUANT TO RULE 3.03 OF THE UNIFORM CRIMINAL RULES OF CIRCUIT COURT PRACTICE.

III. WHETHER HALL WAS DENIED DISCOVERY MATERIALS IN VIOLATION OF RULE 4.06 OF THE UNIFORM CRIMINAL RULES OF CIRCUIT COURT PRACTICE.

IV. WHETHER HALL WAS PREJUDICED BY NOT BEING GIVEN A PRELIMINARY HEARING.

V. WHETHER THE INDICTMENT WAS DEFECTIVE FOR FAILURE TO ALLEGE THE COMMISSION OF A CRIME.

IV. WHETHER HALL WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL IN VIOLATION OF THE SIXTH AMENDMENT OF THE

UNITED STATES CONSTITUTION.

DISCUSSION OF LAW

I. WHETHER HARRIS' PLEA OF GUILTY WAS VOLUNTARILY, INTELLIGENTLY, AND KNOWINGLY ENTERED.

Hall contends that his guilty plea was involuntarily, unintelligently, and unknowingly entered because his attorney lied to him about what sentence he would receive and coerced him to lie about whether his plea was induced by promises of leniency. Hall contends that at the very least he should be given the opportunity to prove his claims at an evidentiary hearing. The State, however, asserts that the guilty ...


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