Gross v. State
Gross v. State
Opinion
¶ 1. Larod Gross pled guilty to the crimes of armed robbery and aggravated *Page 439 assault in 2003. In 2005 he filed for post-conviction relief, alleging that his plea was not voluntarily and knowingly entered. We agree with the trial court that there is no evidence of that defect. We affirm.
¶ 4. A trial court may summarily dismiss a post-conviction relief motion if "it plainly appears from the face of the motion, any annexed exhibits and the proper proceedings in the case that the movant is not entitled to any relief. . . ." Miss. Code Ann. §
¶ 5. The standard of competency to enter a plea of guilty is the same as the competency to stand trial. Magee v.State,
¶ 6. Gross represented to the court both in his petition and at the hearing that he could read and write. The trial judge conducted a hearing in which Gross was explained his constitutional rights, the crimes for which he was entering a plea of guilty, and the maximum and minimum punishment he could receive for each crime. Gross communicated to the judge that he understood everything that was explained to him and that he wanted to enter a plea of guilty to charges against him. The judge was aware that Gross was on drugs when the crime was committed. Even though Gross claims to have lied to the judge in stating that he was able to read and understand the plea petition, he admits in his argument that his attorney explained the petition to him. The prosecutor recited the events for which Gross was being charged, and Gross told the judge that he did not disagree with anything that was said.
¶ 7. The sworn answers Gross gave during the plea hearing demonstrate that he understood the charges against him, his constitutional rights, and the punishment he could receive for the crimes he committed. Gross voluntarily and knowingly entered his guilty plea. The trial court committed *Page 440 no error in dismissing the motion for post-conviction relief.
¶ 8. THE JUDGMENT OF THE PANOLA COUNTY CIRCUIT COURTDISMISSING THE MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED.ALL COSTS OF THIS APPEAL ARE ASSESSED TO PANOLA COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.