Vanwey v. Mississippi
Annotate this CaseAlisha Vanwey pled guilty in 2007 to three counts of selling hydrocodone, and the trial court sentenced her as a habitual offender to eleven years on each count, to run concurrently, in the custody of the Mississippi Department of Corrections. Vanwey filed a petition for post-conviction relief (PCR) arguing, inter alia, that one of the two prior predicate felonies listed in her indictment alleging habitual-offender status did not meet the requirements of Section 99-19-81. The trial court denied the motion, and the Court of Appeals affirmed the trial court's decision based on the finding that Vanwey's motion was procedurally barred as a successive writ and time-barred. After its review, the Supreme Court found Vanwey waived whatever contention she might have had with her habitual-offender status when she failed to challenge the sufficiency or validity of her two prior felony convictions and sentences at her plea hearing and then voluntarily and intelligently entered her guilty plea to three counts of selling hydrocodone as a habitual offender.
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