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Ivey v. State

Court of Appeals of Mississippi

November 12, 2013

MILFORD IVEY A/K/A CHARLES MILFORD IVEY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: TISHOMINGO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 10/29/2012. TRIAL JUDGE: HON. JAMES LAMAR ROBERTS JR. TRIAL COURT DENIED MOTION FOR POST-CONVICTION RELIEF.

DISPOSITION: AFFIRMED.

FOR APPELLANT: MILFORD IVEY (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

BEFORE LEE, C.J., MAXWELL AND FAIR, JJ. GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., AND MAXWELL, J., CONCUR IN PART AND IN THE RESULT.

OPINION

Page 797

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

LEE, C.J.

¶1. Milford Ivey pleaded guilty to two counts of fondling and one count of sexual battery. After a sentencing hearing, the Tishomingo County Circuit Court trial judge sentenced Ivey to fifteen years on one fondling count and twenty years, with five years suspended, on the sexual-battery count. The trial judge ordered the sentences on these two counts to run concurrently. On the other fondling count, the trial judge sentenced Ivey to fifteen years, but suspended the entire sentence.

¶2. Ivey timely filed a motion for post-conviction relief (PCR), raising several issues as follows: (1) he was subjected to double jeopardy; (2) his guilty plea was involuntary; (3) evidence was fabricated; and (4) his sentence exceeded his life expectancy. The trial judge denied Ivey's PCR motion.

¶3. Ivey now appeals, asserting the following issues: (1) he was subjected to double jeopardy; (2) his sentence exceeded his life expectancy; (3) his guilty plea was involuntary; and (4) he was innocent.

STANDARD OF REVIEW

¶4. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hug ...


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