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.

Baker v. State

Court of Appeals of Mississippi

January 24, 2017

TERRANCE BAKER A/K/A TARRENCE BAKER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/29/2015

         DESOTO COUNTY CIRCUIT COURT, HON. ROBERT P. CHAMBERLIN.

          ATTORNEY FOR APPELLANT: MICHAEL HADEN LAWYER.

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

          BEFORE GRIFFIS, P.J., BARNES AND CARLTON, JJ.

          BARNES, J.

         ¶1. Terrance Baker appeals the Circuit Court of DeSoto County's judgment dismissing his motion for post-conviction relief (PCR). Finding no error, we affirm.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         ¶2. In 2011, Baker was indicted for one count of sale of hydrocodone and one count of sale of marijuana, as a second offender under Mississippi Code Annotated section 41-29-147 (Rev. 2013). The indictment was amended in August 2012 to charge Baker as a habitual offender under Mississippi Code Annotated section 99-19-81 (Rev. 2015).[1] In September 2012, Baker pleaded guilty to the sale of hydrocodone as a second offender. The trial court sentenced Baker to serve fifteen years in the custody of the Mississippi Department of Corrections, followed by ten years of post-release supervision.

         ¶3. In September 2015, Baker timely filed a PCR motion, claiming his plea was involuntary and he was denied effective assistance of counsel. Regarding his guilty plea, Baker claimed he was not advised of possible defenses, the elements of the crime, or the consequences of the plea. Moreover, he argued he was coerced into pleading guilty and agreeing to a disproportionate sentence, thereby making his plea involuntary. He asserted that he was not told he would be sentenced as if a handgun were present, even though there was no evidence of a handgun.[2] Baker argued that his counsel failed to: conduct a meaningful investigation of his case, ascertain whether he was competent to enter a plea or assist in his own defense, and properly advise him of his rights.

         ¶4. The trial court found Baker's arguments without merit and dismissed his PCR motion in a five-page order. The court found no need for an evidentiary hearing because Baker did not provide any affidavits or other evidence in support of his allegations. Baker timely appealed.

         STANDARD OF REVIEW

         ¶5. When reviewing the trial court's dismissal of a PCR motion, this Court applies the clearly-erroneous standard of review. Issues of law are reviewed de novo. Jones v. ...


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.