Roy Douglas Mullins v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CA-01172-COA
ROY DOUGLAS MULLINS
APPELLANT
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:
APPELLEE
6/26/2002
HON. STEPHEN B. SIMPSON
HARRISON COUNTY CIRCUIT COURT
JIM DAVIS
OFFICE OF THE ATTORNEY GENERAL
BY: JEFFREY A. KLINGFUSS
CONO A. CARANNA, II
CIVIL - POST-CONVICTION RELIEF
AFFIRMED - 11/18/2003
BEFORE MCMILLIN, C.J., MYERS, CHANDLER AND GRIFFIS, JJ.
CHANDLER, J., FOR THE COURT:
¶1.
Roy Douglas Mullins entered a guilty plea in the Harrison County Circuit Court to a charge of
armed robbery and was sentenced to ten years' imprisonment. He filed a petition for post-conviction relief
in the circuit court asserting that his guilty plea was involuntary. The circuit court denied Mullins' petition,
and he perfected the appeal which is before this Court. Mullins contends that he was improperly advised
of his sentence. We find that the record supports the circuit court's determination that Mullins was advised
of the minimum and maximum sentences which could be imposed, and we affirm the circuit court.
DISCUSSION
¶2.
Mullins was a resident of Tennessee serving with the National Guard on the Mississippi Gulf Coast
when he robbed a convenience store at gunpoint. There is no doubt of his guilt, nor that he entered his
guilty plea while represented by counsel. However, no transcript of the plea colloquy exists. It appears
that the tape made by the court reporter was stolen, and the court reporter no longer resides in Mississippi.
Mullins contends that he entered the plea on advice from his counsel which included assurance that the
district attorney agreed to ask for the minimum sentence of three years, and it was "extremely likely" that
the entire sentence would be suspended. But, three years is the minimum sentence for armed robbery.
Miss. Code Ann.§ 97-3-79 (Miss. Rev. 2000). And a person convicted of armed robbery may not
receive a wholly suspended sentence. Miss. Code Ann. § 47-7-3 (Rev. 2000).
¶3.
A defendant must be informed of the minimum and maximum penalties of a crime to which he
pleads guilty prior to the actual plea. Boykin v. Alabama, 395 U.S. 238, 242-243 (1969); Alexander
v. State, 605 So.2d 1170, 1172 (Miss.1992). Mullins contends that had he been advised of the fact that
his sentence could not be wholly suspended, he would not have entered his plea. He argues, therefore, that
his plea was unknowing and involuntary.
¶4.
Mullins signed a petition to plead guilty. This petition states that the minimum sentence is three
years. Therefore, there is no doubt that Mullins was correctly informed of the minimum sentence.
¶5.
Additionally, after the entry of Mullins' plea, the circuit court requested a sentencing report before
handing down Mullins' sentence. Unlike the plea colloquy, the sentencing hearing was transcribed, and the
record contains that transcript.
At the sentencing hearing, Mullins' counsel stated, "[I]t's my
recommendation Your Honor give Mr. Mullins ten years and suspend seven and give him the minimum
sentence with a five year post release supervision."
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¶6.
We find this record constituted sufficient evidence to show Mullins was properly advised as to the
minimum and maximum sentence prior to his entering the plea. His attorney's statement shows that the
attorney did not contemplate that Mullins would receive a wholly suspended sentence, and that his attorney
correctly interpreted the law as mandating a minimum sentence of three years.
¶7.
Moreover, even if Mullins mistakenly believed that he would not serve any of the sentence, he
would not be entitled to relief. A mere expectation of a lesser sentence than the sentence imposed will not
render a plea unknowing or involuntary. Hurst v. State, 811 So. 2d 414, 418 (¶ 15) (Miss. Ct. App.
2001). The circuit court properly denied Mullins' petition for post-conviction relief.
¶8.
THE JUDGMENT OF THE HARRISON COUNTY CIRCUIT COURT DENYING
POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE
ASSESSED TO THE APPELLANT.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, MYERS AND GRIFFIS, JJ., CONCUR.
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