Terrance Guinn v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2007-CP-00518-COA
TERRANCE GUINN
APPELLANT
v.
STATE OF MISSISSIPPI
APPELLEE
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
3/21/2007
HON. LAMAR PICKARD
CLAIBORNE COUNTY CIRCUIT COURT
TERRANCE GUINN (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JEFFREY A. KLINGFUSS
CIVIL - POST-CONVICTION RELIEF
POST-CONVICTION RELIEF DENIED
AFFIRMED-04/15/2008
BEFORE MYERS, P.J., IRVING AND ISHEE, JJ.
ISHEE, J., FOR THE COURT:
¶1.
On January 12, 2007, Terrance Guinn pleaded guilty in the Circuit Court of Claiborne
County to possession of cocaine under Mississippi Code Annotated section 41-29-139 (Rev. 2005).
He was sentenced to three years in the custody of the Mississippi Department of Corrections. On
February 20, 2007, Guinn filed a motion for post-conviction relief with the circuit court, claiming
that the court lacked subject matter jurisdiction over his case. That motion was denied. Aggrieved,
Guinn appeals. Finding no error, we affirm the judgment of the circuit court.
STANDARD OF REVIEW
¶2.
We will not reverse the denial of a motion for post-conviction relief by a trial court absent
a finding that the trial court's ruling was clearly erroneous. Kirksey v. State, 728 So. 2d 565, 567
(¶8) (Miss. 1999) (citing State v. Tokman, 564 So. 2d 1339, 1341 (Miss. 1990)).
DISCUSSION
¶3.
Guinn asserts that the circuit court lacked subject matter jurisdiction over his case because
section 41-29-139, which is part of Mississippi’s version of the Uniform Controlled Substances Law,
was never properly enacted by the Legislature. Guinn apparently believes that the Uniform
Controlled Substances Law is federal administrative law, and that he was wrongly convicted under
it by the circuit court. Unfortunately, Guinn is mistaken as to the nature and source of the Uniform
Controlled Substances Law in this state.
¶4.
Mississippi, like many other states, enacted the Uniform Controlled Substances Law in order
to “make, wherever possible, the law of Mississippi uniform with that of states having the same or
similar laws.” Miss. Code Ann. § 41-29-103 (Rev. 2005). Although many states share the Uniform
Controlled Substances Law, the law is not, and never was, federal law. Rather, each state which has
enacted the Uniform Controlled Substances Law has made the law a part of their substantive body
of statutory law. Such is the case in Mississippi, which enacted the Uniform Controlled Substances
Law in 1971. Miss. Code. Ann. §§ 41-29-101 and 41-29-103 (Rev. 2005); 1971 Miss. Laws ch. 521
§ 2.
¶5.
There is nothing to indicate that the passage of the Uniform Controlled Substances Law in
this state was deficient. Finally, the record indicates that the circuit court properly informed Guinn
of all his relevant rights and the possible penalties for entering a plea of guilty before allowing him
to enter his plea. There is no evidence in the record that Guinn’s plea was involuntary or that he
received ineffective assistance of counsel during the course of the proceedings in the circuit court.
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Accordingly, we affirm the judgment of the circuit court denying Guinn’s petition for postconviction relief.
¶6.
THE JUDGMENT OF THE CIRCUIT COURT OF CLAIBORNE COUNTY
DENYING THE MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED. ALL
COSTS OF THIS APPEAL ARE ASSESSED TO CLAIBORNE COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES,
ROBERTS AND CARLTON, JJ., CONCUR.
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