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Meeks v. State

April 09, 1998

MARION MEEKS A/K/A MARION EDWARD MEEKS
v.
STATE OF MISSISSIPPI



Before Sullivan, P.j., McRAE And Smith, JJ.

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

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

DATE OF JUDGMENT: 10/10/96

TRIAL JUDGE: HON. GEORGE C. CARLSON JR.

COURT FROM WHICH APPEALED: TALLAHATCHIE COUNTY CIRCUIT COURT

BY: W. GLENN WATTS

DISTRICT ATTORNEY: ROBERT L. WILLIAMS

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION AFFIRMED

On May 4, 1994, Marion Meeks entered a plea of guilty to one count of burglary and one count of grand larceny. Following a guilty plea hearing, Meeks was sentenced to serve, consecutive to sentences for other convictions, ten years for the crime of burglary and to serve five years for the crime of grand larceny with the five year sentence for grand larceny to run consecutive to the ten year sentence for burglary. However, Meeks' sentences for the respective crimes were suspended pending his future good behavior. Then, on June 20, 1995, Meeks' suspended sentences were revoked, and he was remanded into the custody of the Mississippi Department of Corrections to serve his sentences.

On or about March 24, 1996, Meeks filed a petition for post-conviction relief in the Circuit Court of Tallahatchie County. In his petition, Meeks alleged (1) that his conviction for burglary and grand larceny arising out of the same transaction violated his constitutional right against double jeopardy; (2) that he was denied effective assistance of counsel; and (3) that his guilty plea was not voluntarily entered. The trial court summarily dismissed the petition and denied all relief requested. Meeks now appeals to this Court from the denial of his petition.FACTS On May 4, 1994, Marion Meeks was charged through a bill of information for one count of burglary and one count of grand larceny. Meeks entered into a plea bargain agreement with the district attorney with regard to the charges contained in the bill of information and also other charges that were pending against Meeks. Meeks then flied a Petition to Enter Plea of Guilty to the charges of burglary and grand larceny. After conducting a guilty plea hearing, the trial court accepted Meeks' guilty plea and sentenced Meeks to serve, consecutive to the sentences imposed for the other charges, ten years for one count of burglary and five years for one count of grand larceny with the sentence for grand larceny to run consecutive to the sentence for burglary. However, the trial court suspended all fifteen years pending Meeks' future good behavior and placed Meeks on probation. Then, on May 23, 1995, the district attorney filed a Petition to Revoke Suspended Sentence as a result of Meeks' violation of his probation. On June 20, 1995, the Tallahatchie County Circuit Court revoked Meeks' suspended sentence and remanded Meeks back into the custody of the Mississippi Department of Corrections to serve his sentences.

On or about March 24, 1996, Meeks filed a Motion to Vacate Sentence and Conviction in the Tallahatchie County Circuit Court wherein he alleged (1) that his conviction for burglary and grand larceny arising out of the same transaction violated his constitutional right against double jeopardy; (2) that he was denied effective assistance of counsel; and (3) that his guilty plea was not voluntarily entered.

On October 10, 1996, the trial court summarily dismissed the motion without an evidentiary hearing and denied all relief. The trial court specifically held:

All three of Meeks' claims rest upon the allegation that his convictions and sentences on the charges of burglary and grand larceny, set forth in one, multi-count indictment, violates ...


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