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Lackaye v. State

Court of Appeals of Mississippi

June 9, 2015

ERIC DANIEL LACKAYE A/K/A ERIC LACKAY A/K/A ERIC LACKAYE A/K/A ERIC LACAYE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/05/2014. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT DISPOSITION: DISMISSED MOTION FOR POST-CONVICTION RELIEF.

ERIC DANIEL LACKAYE, APPELLANT, Pro se.

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

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

OPINION

Page 561

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

CARLTON, J.

[¶1] Eric Daniel Lackaye pled guilty to two counts of sale of marijuana and one count of possession of marijuana with intent to distribute. Lackaye filed a motion for post-conviction relief (PCR), alleging that his guilty pleas were involuntarily entered, and that he received ineffective assistance of counsel. The Madison County Circuit Court summarily dismissed Lackaye's PCR motion without an evidentiary hearing. Lackaye now appeals this dismissal, asserting: (1) he received ineffective assistance of counsel; (2) his guilty pleas were not knowingly, intelligently, and voluntarily entered; and (3) the trial court erred in dismissing his PCR motion.

FACTS

[¶2] On July 7, 2011, a Madison County grand jury indicted Lackaye on four charges: (1) sale of less than thirty grams of marijuana; (2) sale of less than thirty grams of marijuana; (3) possession of more than thirty grams but less than a kilogram of marijuana with intent to distribute; and (4) possession of one-tenth gram but less than two grams of methamphetamine. All four of the charges were enhanced, charging Lackaye pursuant to Mississippi Code Annotated section 41-29-147 (Supp. 2014) as a subsequent drug offender and Mississippi Code Annotated section 99-19-81 (Supp. 2014) as a habitual offender.

[¶3] On November 28, 2011, Lackaye entered a guilty plea to two charges of sale of marijuana as a subsequent drug offender, and one count of possession of marijuana with intent to distribute as a subsequent drug offender, pursuant to section 41-29-147. In exchange for his guilty plea, the State moved to nolle prosequi the charge for possession of methamphetamine with intent to distribute, and agreed to allow Lackaye to plead as a nonhabitual offender on the three remaining charges. The trial court followed the State's recommendation and sentenced Lackaye to six

Page 562

years on each count of sale of marijuana. The trial court sentenced Lackaye to forty years for possession of marijuana with intent to distribute, with Lackaye to be released after serving seventeen years. The trial court ordered that all three sentences run concurrently.

[¶4] On February 13, 2014, Lackaye filed a PCR motion, seeking to have his guilty pleas set aside because he received ineffective assistance of counsel and his pleas were not knowingly, voluntarily, and intelligently made. Lackaye specifically claimed that his defense counsel incorrectly advised him that if he pled guilty and acted as a model prisoner, he would be eligible for parole after serving four to five years, or twenty-five percent, of his sentence. On March 5, 2014, the trial court summarily dismissed the PCR motion. Lackaye filed the instant ...


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