Before Prather, C.j., McRAE And Waller, JJ.
The opinion of the court was delivered by: Waller, Justice
DATE OF JUDGMENT: 9/17/96
TRIAL JUDGE: HON. BARRY W. FORD
COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF
DISPOSITION: AFFIRMED IN PART, REVERSED AND REMANDED IN PART - 3/18/1999
¶1. Appellant Cedric Bell and an accomplice robbed a convenience store on August 18, 1991. The next day they robbed a gas station. The two were caught and indicted on two counts of armed robbery. Bell appeared in Lee County Circuit Court on July 30, 1992, and pleaded guilty to both counts.
¶2. Circuit Judge Barry Ford sentenced Bell to two (2) twenty-year terms to run concurrently "with any sentence that [Bell] might receive or already have received . . . in the District Court for the Northern District of Mississippi."
¶3. On May 13, 1996, Bell filed a motion for post conviction relief in which he alleged the existence of "material facts, not previously presented and heard" that would "require vacation or reduction of the sentence in the interest of Justice."
¶4. Judge Ford denied Bell's motion for post-conviction relief on September 17, 1996. Bell timely appealed.
¶5. At the change of plea hearing, the circuit court asked the State for a sentence recommendation. The following exchange occurred.
"MR. GEDDIE [for the state]: Yes, Your Honor, the State recommends that the defendant in each of the two causes be sentenced to a term of twenty years and that those two terms be allowed to run concurrently. The State has no recommendation to any fine, if the Court sees fit to impose a prison term, it doesn't seem very practical. We would ask that the Court Order that restitution be made on such time as the defendant being able to do that."
"MR. FARRELL [for defense]: May it Please the Court, Your Honor, as I brought to the Court's attention earlier, we obtained some information on federal charges and we would respectfully ask the Court to sentence, -if the Court imposes that, to run it concurrently with the federal charges also."
"THE COURT: Do you have a cause number?"
"MR. FARRELL: Your Honor, I Believe I do. I will have to get that, Your Honor."
"THE COURT: It is the sentence of this Court that in Cause CR92-099, STATE v. BELL, Mr. Bell, that you serve a term of twenty years in the State Department of Corrections; that you pay Court costs in this Cause number, and that you make full and complete restitution to Gordon Sharp doing business as B-Quick, upon your release that you begin making restitution in the amount to be determined.It is also the sentence of this Court that in Cause number CR92-100, STATE v. BELL, that you serve a term of twenty yeas in the State Department of Corrections; that twenty years in CR92-100 is to run concurrent with the twenty years you received in CR92-099. You will pay Court costs in this Cause number also. You will make full and complete restitution to R. R. Morrison doing business as Fast Lane. You are to begin making this restitution within six months from the date of your release, that is, in Cause number CR92-099, as well as CR92-100."
"The twenty-year sentence that is in both these Cause numbers is to run concurrent with any sentence that you might receive or already have received in Cause #CRD88-72-S, and #CRD88-73-S, in the ...