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.

Castro v. State

Court of Appeals of Mississippi

March 24, 2015

JESUS ADILIO RIVERA CASTRO A/K/A JESUS ADILIO RIVERA A/K/A JESUS CASTRO, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/04/2014. TRIAL JUDGE: HON. ROBERT P. CHAMBERLIN. TRIAL COURT DISPOSITION: DISMISSED MOTION FOR POST-CONVICTION COLLATERAL RELIEF.

JESUS ADILIO RIVERA CASTRO, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BILLY L. GORE.

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

OPINION

Page 1218

NATURE OF THE CASE: CIVIL - POST-CONVICTION COLLATERAL RELIEF

GRIFFIS, P.J.

¶1. Jesus Adilio Rivera Castro appeals the dismissal of his motion for post-conviction collateral relief (PCCR). In this appeal, Castro claims that his guilty plea was involuntary and his counsel's assistance was ineffective. We find no error and affirm.

FACTS

¶2. In July of 2010, Castro and two codefendants were indicted for capital murder and conspiracy to commit armed robbery. Castro is a Spanish speaker and a Salvadorian citizen. One of his two attorneys was " somewhat conversant in Spanish." Also, a translator was used throughout the plea hearing. Ultimately, Castro entered a plea of guilty to a lesser degree of murder.

¶3. During the plea hearing, the circuit court asked Castro, through his translator, if he was completely satisfied with his attorney's services. Castro replied that he was. Castro admitted that no one had promised him anything to get him to plead guilty. Castro also stated that no one had told him that the court would give him a lighter sentence if he pled guilty. Castro was properly informed of the minimum and maximum sentences that he could receive, and Castro responded that he understood this.

¶4. However, Castro disagreed with the evidence that the State was ready to produce at trial. He also did not want to give up his rights by entering a plea of guilty. The circuit court addressed both issues with Castro. Castro then agreed with the evidence and agreed to give up his rights and plead guilty. Thereafter, on October 5, 2011, the circuit court ordered Castro to serve a life sentence.

¶5. On December 19, 2013, Castro filed his PCCR motion. He claimed he was confused on what he was agreeing to at the plea hearing because of minimal time to speak with his lawyers through a translator. The motion was dismissed. Castro appeals.

Page 1219

STANDARD OF REVIEW


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.