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Sanford v. State

December 30, 1998

HENRY LEE SANFORD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

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

DATE OF JUDGMENT: 02/26/1998

TRIAL JUDGE: HON. CLARENCE E. MORGAN, III

COURT FROM WHICH APPEALED: WEBSTER COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: DOUG EVANS

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

TRIAL COURT DISPOSITION: POST CONVICTION RELIEF DENIED

¶1. On May 27, 1985, Henry Lee Sanford pled guilty to possession of PCP or "angel dust". On May 28, the resulting judgment was entered, and he was sentenced to a term of twenty years in the custody of the Mississippi Department of Corrections with the final three to run concurrently with any federal sentence provided that federal authorities did not designate the MDOC as the facility for the service of the federal sentence. On February 20, 1998, Sanford filed a motion for post-conviction relief under the Mississippi Uniform Post-Conviction Collateral Relief Act, §§ 99-39-1 et. seq., citing the following allegations:

I. THE TRIAL COURT ERRED IN FAILING TO INQUIRE AS TO WHETHER SANFORD UNDERSTOOD THE NATURE OF THE CHARGES AGAINST HIM.

II. THE TRIAL COURT ERRED IN FAILING TO DEVELOP A FACTUAL BASIS FOR ACCEPTING SANFORD'S GUILTY PLEA.

III. THE TRIAL COURT ERRED IN FAILING TO INQUIRE AS TO WHETHER SANFORD UNDERSTOOD THE NATURE OF HIS RIGHT TO A JURY TRIAL AND THE CONSEQUENCES ASSOCIATED WITH THE DECISION TO WAIVE IT

IV. SANFORD WAS AFFORDED INEFFECTIVE ASSISTANCE OF COUNSEL.

On February 26, 1998, the circuit court dismissed the petition finding that it was time barred by § 99-39-5(2). Mississippi Code Annotated § 99-39-5(2) (Rev. 1994). We agree.

¶2. As the lower court noted, § 99-39-5 (2), which identifies the time limitations for the filing of post-conviction motions to vacate convictions and ...


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