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Calvert v. State

December 30, 1998

LEON CALVERT APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before McMILLIN, P.j., Herring, And King, JJ.

The opinion of the court was delivered by: Herring, J., For The Court:

DATE OF JUDGMENT: OCTOBER 14, 1997

TRIAL JUDGE: HONORABLE SHIRLEY C. BYERS

COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: FRANK CARLTON

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

TRIAL COURT DISPOSITION: POST-CONVICTION RELIEF DENIED

¶1. Leon Calvert entered a guilty plea to the crime of sale of cocaine and was sentenced to serve a term of ten years in the custody of the Mississippi Department of Corrections. Calvert subsequently filed a petition for post-conviction relief in the Circuit Court of Sunflower County, Mississippi. The circuit court denied Calvert's requested relief, and he now appeals to this Court alleging that: (1) he was deprived of his constitutional right to a speedy trial; (2) he received ineffective assistance of counsel; (3) his guilty plea was involuntary; and (4) the trial court failed to conduct an evidentiary hearing on his motion. We find that these assignments of error are without merit, and therefore, we affirm.

A. THE FACTS

¶2. On May 9, 1996, Leon Calvert was indicted for the sale of cocaine, enhanced, pursuant to Sections 41-29-139 and 41-29-145 of the Mississippi Code Annotated in the Circuit Court of Sunflower County, Mississippi. The indictment alleged that on November 7, 1995, Calvert, a person over the age of twenty-one, unlawfully sold a quantity of cocaine, a Schedule II controlled substance, to an individual under twenty-one years of age. The following month, on June 28, Calvert entered a guilty plea in open court to the charge. During the guilty plea hearing, the trial court questioned Calvert to ensure that he understood the nature of the charge and the consequences of his guilty plea. The court accepted the guilty plea and subsequently sentenced Calvert to a term of ten years in the custody of the Mississippi Department of Corrections.

¶3. On May 1, 1997, Calvert filed a petition for post-conviction relief alleging that he was entitled to collateral relief on seven separate grounds. Specifically, Calvert asserted that: (1) he was deprived of his right to a speedy trial; (2) he received ineffective assistance of counsel; (3) his own counsel incriminated him; (4) his guilty plea was involuntary; (5) the trial court deprived him of his constitutional right to be heard; (6) his present conviction was illegal; and (7) his attorney falsely advised him that his minimum sentence would run concurrently to another sentence. Thereafter, the trial court directed the State to file an answer to Calvert's petition for post-conviction relief. After reviewing the petition, the record, and other relevant documents, the trial court concluded that there was no basis to Calvert's allegations and determined that there was no need for an evidentiary hearing. Consequently, the court dismissed Calvert's petition, and he now appeals to this Court.

B. THE ISSUES

¶4. Calvert raises the following assignments of error on appeal which are taken verbatim from his brief:

I. THE TRIAL COURT DENIED LEON CALVERT'S CONSTITUTIONAL RIGHTS TO A SPEEDY TRIAL PURSUANT TO THE UNITED STATES ...


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