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Jones v. State

Court of Appeals of Mississippi

September 9, 2014

ROBERT GENE JONES A/K/A ROBERT G. JONES A/K/A ROBERT JONES, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: PONTOTOC COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 10/04/2012. TRIAL JUDGE: HON. THOMAS J. GARDNER III. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DISMISSED.

APPELLANT, ROBERT GENE JONES (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: MELANIE DOTSON THOMAS.

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

OPINION

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

ROBERTS, J.

¶1. Robert Gene Jones appeals the Pontotoc County Circuit Court's summary

Page 1007

dismissal of his motion for post-conviction relief (PCR). On appeal, he asks this Court to determine whether the circuit court erred in dismissing his PCR motion that requested a clarification of his sentence and a determination of whether there was a sufficient factual basis for the circuit court to accept his guilty plea. We detect no error; therefore, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. In June 2006, Jones was indicted for possession of cocaine with the intent to distribute, felony eluding a law-enforcement officer, and felony child endangerment. Jones appeared before the circuit court on July 28, 2010, to enter guilty pleas to all three counts. The circuit court questioned Jones on whether his pleas were voluntarily and freely given, whether he understood the charges and the minimum and maximum sentences for each charge, and whether he understood the constitutional rights he was waiving by pleading guilty. Jones confirmed that he did understand. The circuit court then read Jones each count contained in the indictment. After each count was read, Jones stated that he was pleading guilty. Jones also acknowledged that his plea was freely and voluntarily given, and he was satisfied with his attorney's representation.

¶3. In exchange for his agreement to the plea bargain, the State agreed to dismiss the habitual-offender status charged in his indictment, and the circuit court granted the amendment deleting his habitual-offender status. Additionally, the State made the following recommendation as to Jones's sentence: for possession of cocaine with the intent to distribute, twenty years with ten years suspended, five years of post-release supervision, and a $5,000 fine with $4,000 suspended; for eluding a law-enforcement officer, five years; and for child endangerment, five years.

¶4. The circuit court accepted the State's recommendations, and Jones was ordered to serve the above sentences concurrently in the custody of the Mississippi Department of Corrections. The circuit court stated that all of Jones's sentences were to run concurrently with the other sentences imposed " and with [the] sentences previously imposed in Franklin County, Texas."

¶5. Jones filed a PCR motion on September 13, 2012, to clarify his sentence and/or to vacate and set aside his guilty pleas due to a lack of a factual basis. The circuit court summarily denied Jones's PCR motion, ...


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