Smith v. State
Smith v. State
Opinion
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 991
¶ 1. At a hearing on February 5, 2001, Terrilyn Smith pled guilty to two counts of uttering a forgery. Smith timely filed a motion for post-conviction relief (PCR) which was dismissed by the Circuit Court of Sunflower County without a hearing. Smith appeals, arguing that her guilty plea was involuntary and that she was denied effective assistance of counsel. We find these contentions to be without merit and affirm the summary dismissal of Smith's PCR. *Page 992
¶ 2. We begin by addressing a procedural matter attendant to Smith's PCR. Mississippi Code Annotated §
¶ 3. In the February 5, 2001 judgment, the court sentenced Smith to fifteen years in the custody of the Mississippi Department of Corrections, with five years to serve in the Intensive Supervision Program, and ten years suspended, conditioned upon her successful completion of five years of post-release supervision. This sentence was to run concurrently with Smith's sentence for the other forgery count. Smith was also ordered to pay court costs.
¶ 4. The intensive supervision program is an alternative to incarceration for certain low risk offenders in which the offenders are committed to house arrest. Miss. Code Ann. §
¶ 5. Smith argues that the trial court erred by summarily dismissing her PCR. The circuit court may dismiss a PCR without an evidentiary hearing if "it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief." Miss. Code Ann. §
A. Involuntary Plea.
¶ 6. Smith seeks to repudiate her guilty plea and proceed to trial. Smith contends that her plea was involuntary because she entered the plea in reliance on the erroneous advice of her attorney that *Page 993 she would get a more lenient sentence. Smith also contends that her attorney never explained "the effect of any special parole or supervised release" or the terms and conditions of the plea. Smith also avers that she was never informed of the maximum or minimum sentence. In her appellate brief, Smith appears to argue that her plea was involuntary because she was never told that, if she violated the conditions of house arrest, she could be incarcerated.
¶ 7. A guilty plea is not binding on a defendant unless it is entered voluntarily and intelligently. Alexander v. State,
¶ 8. The transcript of the plea hearing in this case demonstrates that Smith was fully informed of the charges against her and the consequences of her guilty plea. The court informed Smith of the rights required to be communicated to the defendant under Boykin, and Smith stated that she understood. The court told Smith the minimum and maximum sentences for the crime of uttering a forgery and asked Smith if she understood. Smith responded, "yes, sir." The court informed Smith that it did not have to accept the recommendation of the State and could sentence Smith to the maximum term of incarceration of two consecutive fifteen year sentences. Smith stated that she understood. Smith said she had not been coerced or promised any hope of a lighter sentence in exchange for entering the plea. The court fully informed Smith of the rights she waived by entering a guilty plea. Finally, the court accepted the State's sentencing recommendation and sentenced Smith accordingly. Thus, Smith's contention that she pled guilty in reliance on the expectation of a more lenient sentence is belied by the transcript of the plea hearing.
¶ 9. Smith also claims the plea was involuntary because she was not informed of the "effects" of parole or supervised release, or that she could be imprisoned if she did not successfully complete house arrest. Regarding parole, Smith does not aver that she was misinformed about her eligibility for parole, but merely advances a nebulous complaint that she was not informed about the "effects" of parole. Since parole is a matter of legislative grace, parole eligibility or ineligibility is not considered a consequence of a guilty plea. Ware v. State,
¶ 10. Nor was the trial court required to explain the machinations of the intensive supervision program to Smith. A prisoner's participation in the intensive supervision program is merely an alternative form of confinement, and a prisoner's continuation in the program is within the exclusive jurisdiction of the Mississippi Department of Corrections. Moore v. *Page 994 State,
II. Ineffective Assistance of Counsel.
¶ 11. Smith also argues that she received ineffective assistance of counsel because counsel led her to believe she would receive a more lenient sentence than that which was imposed by the trial court, and because counsel failed to advise her about "the effect of any special parole or supervised release" or about the terms and conditions of the plea. This Court applies the two-part test from Strickland v. Washington to a claim for reversal of a guilty plea for ineffective assistance of counsel.Harris v. State,
¶ 12. Smith has not demonstrated the elements of her claim with specificity and detail; the sole support for Smith's claims that counsel rendered deficient performance are her own unsworn allegations in her brief. Even if Smith's counsel erroneously had led her to expect a more lenient sentence, the trial court correctly informed Smith that she could be sentenced to the maximum period of confinement, and Smith said that she understood. "Where the court correctly explains the potential penalty at a plea hearing, any harm resulting from prior erroneous advice is ameliorated and the error can no longer afford the petitioner post-conviction relief." Daughtery v.State,
¶ 13. THE JUDGMENT OF THE CIRCUIT COURT OF SUNFLOWER COUNTYDISMISSING THE MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED. ALLCOSTS OF THIS APPEAL ARE ASSESSED TO SUNFLOWER COUNTY. *Page 995
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, GRIFFIS, BARNES AND ISHEE, JJ., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.