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Edwards v. State

Court of Appeals of Mississippi

October 15, 2013

Christopher EDWARDS, Appellant
v.
STATE of Mississippi, Appellee.

Page 937

Christopher Edwards, appellant, pro se.

Office of the Attorney General by Scott Stuart, attorney for appellee.

Before GRIFFIS, P.J., BARNES and JAMES, JJ.

GRIFFIS, P.J.

¶ 1. Christopher Edwards appeals the denial of his motion for post-conviction collateral relief. Edwards argues that he was subjected to double jeopardy, his plea was involuntary, and he was denied effective assistance of counsel. We find no error and affirm.

FACTS

¶ 2. On April 10, 2006, Edwards pled guilty to the crime of statutory rape. He was then sentenced to serve a term of twenty years, with fifteen years to be suspended, five years to serve, and five years of post-release supervision after his incarceration.

¶ 3. On January 20, 2010, Edwards's probation was revoked for failure to comply with the terms of his post-release supervision.

Page 938

Specifically, Edwards was arrested for domestic violence. After a hearing, Edwards was ordered to serve the previously suspended fifteen years in prison.

¶ 4. On October 13, 2011, Edwards filed a motion for post-conviction collateral relief. His motion alleged that: (1) his conviction and sentence were imposed in violation of the United States Constitution and the Mississippi Constitution; (2) his sentence exceeds the maximum authorized by law; (3) there exists evidence of material facts not previously presented and heard that require vacation of the conviction or sentence in the interest of justice; (4) his plea was made involuntarily; and (5) his counsel was ineffective. On January 19, 2012, the circuit court determined that there was no merit to Edwards's contentions and dismissed the motion.

ARGUMENT

I. Whether Edwards was subject to double jeopardy.

¶ 5. Edwards argues that double jeopardy was " imposed" upon him when the court reinstated the previously suspended fifteen-year portion of his sentence. Specifically, Edwards asserts that the court did not have the right to reinstate the fifteen-year portion of his initial sentence, ...


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