Fontez Collins v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-CP-02088-COA
FONTEZ COLLINS A/K/A ANTONIO COLLINS A/K/A ANTONIO F.
COLLINS
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT
JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLANT
APPELLEE
11/27/2000
HON. TOMIE T. GREEN
HINDS COUNTY CIRCUIT COURT
PRO SE
OFFICE OF THE ATTORNEY GENERAL
BY: DEIRDRE MCCRORY
ELEANOR JOHNSON PETERSON
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION COLLATERAL
RELIEF DENIED.
AFFIRMED - 07/16/2002
8/6/2002
BEFORE McMILLIN, C.J., MYERS, AND CHANDLER, JJ.
CHANDLER, J., FOR THE COURT:
¶1. Antonio Collins, pro se, appeals an order of the Circuit Court of the First Judicial District of Hinds
County, Mississippi, denying his petition for post-conviction relief. Aggrieved, Collins perfected this appeal
and argues that the trial court committed manifest error in dismissing his motion. Collins argues on appeal
that the trial court engaged in selective prosecution because he received a harsher sentence than his coconspirators.
FACTS
¶2. In September 1998, Antonio Fontez Collins was indicted on charges of armed robbery. Collins pled
guilty to the charges in the Circuit Court of the First Judicial District of Hinds County. He was sentenced to
serve a term of twenty years in the custody of the Mississippi Department of Corrections.
LAW AND ANALYSIS
¶3. Collins argues on appeal that it was reversible error for the trial court to sentence him to a term greater
than that imposed upon his co-conspirators. He has made no argument that his sentence is beyond the
statutory limits or that his guilty plea was not voluntary. The State submits that Collins's guilty plea operated
as a waiver of his right to raise this issue. The State is correct. The issue is procedurally bared.
¶4. Mississippi Code Annotated § 99-39-21 (1) states as follows:
Failure by a prisoner to raise objections, defenses, claims, questions, issues, or errors either in fact or
in law which were capable of determination at trial and/or on direct appeal, regardless of whether
such are based on the laws and the Constitution of the state of Mississippi or of the United States,
shall constitute a waiver thereof and shall be procedurally barred, but the court may upon a showing
of cause and actual prejudice grant relief from the waiver.
Miss. Code Ann. § 99- 39-21 (1) (Rev. 2000). The use of this procedural bar is firmly in line with the
intent and purpose of the Post-Conviction Relief Act. Henley v. State, 749 So. 2d 246 (¶6) (Miss. Ct.
App. 1999) (citing Williams v. State, 669 So. 2d 44, 52 (Miss. 1996) (holding Post- Conviction
Collateral Relief Act provides a procedure limited in nature and relief is not granted upon facts and issues
which could have or should have been addressed at trial or on appeal); Cole v. State, 666 So. 2d 767,
772- 73 (Miss. 1995) (holding that post-conviction relief does not lie for facts and issues which were
litigated at trial or on direct appeal).
¶5. In the case sub judice, Collins did not object at sentencing concerning the alleged disparity among the
sentences given to the co-conspirators. Therefore, he cannot complain of a matter that could have been
addressed and litigated by the trial court during his plea hearing and sentencing. Henley, 749 So. 2d at (¶7).
¶6. The procedural bar notwithstanding, this issue is without merit. Collins was sentenced to a term of
twenty years for his participation in the armed robbery. This sentence was within the statutory limits. The
statute on armed robbery provides that the defendant can be sentenced to life by the jury. Where the jury
does not sentence the defendant to life, the judge "shall fix the penalty at imprisonment in the state
penitentiary for any term not less than three (3) years." Miss. Code Ann. § 97-3-79 (Rev. 2000). "So long
as the sentence imposed is within the statutory limits, sentencing is generally a matter of trial court
discretion." Green v. State, 631 So. 2d 167, 176 (Miss. 1994). Further, there is no requirement that coconspirators receive identical sentences. Jones v. State, 669 So. 2d 1383, 1393 (Miss. 1995).
¶7. THE JUDGMENT OF THE CIRCUIT COURT OF HINDS COUNTY DENYING POSTCONVICTION RELIEF WITH PREJUDICE IS AFFIRMED. COSTS OF THIS APPEAL ARE
ASSESSED TO HINDS COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, MYERS AND BRANTLEY, JJ., CONCUR.
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