Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ferguson v. State

Court of Appeals of Mississippi

October 29, 2013

Charles Richard FERGUSON a/k/a Charles R. Ferguson, Appellant
v.
STATE of Mississippi, Appellee.

Rehearing Denied Feb. 11, 2014.

Page 1236

Kevin Dale Camp, Jackson, attorney for appellant.

Office of the Attorney General by W. Glenn Watts, attorney for appellee.

Before LEE, C.J., BARNES and ISHEE, JJ.

ISHEE, J.

¶ 1. Charles Ferguson appeals the denial of his petition for post-conviction relief (PCR) by the Jackson County Circuit Court. On appeal, he contends that his guilty plea was unconstitutional because he was not advised of the elements of the crime to which he pled guilty. We find no error and affirm.

STATEMENT OF FACTS

¶ 2. Ferguson was indicted for two counts of child exploitation in violation of Mississippi Code Annotated section 97-5-33(5) (Supp.2012) and one count of possession of a weapon by a convicted felon in violation of Mississippi Code Annotated section 97-37-5(1) (Supp.2012).

¶ 3. Following his indictment, Ferguson agreed to plead guilty to the two counts of exploitation of a child, and the State agreed to drop the third charge. Ferguson's guilty plea was accepted. The circuit court sentenced Ferguson on each count to fifteen years in the custody of the Mississippi Department of Corrections (MDOC), with eight and one-half years to serve and six and one-half years suspended, and with the sentences to run concurrently with each other, and six and one-half years of post-release supervision. Ferguson was ordered to pay a $25,000 fine on each charge, with $20,000 suspended. He was also ordered to register as a sex offender. Additional facts, as necessary, will be related in our analysis and discussion of the issue.

Page 1237

STANDARD OF REVIEW

¶ 4. " When reviewing a circuit court's decision to deny a PCR motion, this Court will not disturb the circuit court's factual findings unless they are found to be clearly erroneous." Cane v. State, 109 So.3d 568, 570 (¶ 6) (Miss.Ct.App.2012) (quoting Brown v. State, 731 So.2d 595, 598 (¶ 6) (Miss.1999)). " Questions of law receive a de novo analysis." Id.

DISCUSSION

¶ 5. Ferguson asserts that neither the circuit court nor his defense attorney informed him of the elements of the crime to which he was pleading guilty prior to the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.