HOLMES v. STATE (2018)

Court of Appeals of Mississippi.

Quincy HOLMES, Appellant v. STATE of Mississippi, Appellee

NO. 2016–CP–01374–COA

Decided: January 02, 2018

BEFORE IRVING, P.J., BARNES AND WILSON, JJ.

ATTORNEY FOR APPELLANT: QUINCY HOLMES (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: KAYLYN HAVRILLA MCCLINTON

¶ 1. Quincy Holmes pled guilty to robbery and motor vehicle theft, and the circuit court sentenced him to consecutive prison terms of fifteen years and ten years. Holmes later filed a petition for post-conviction relief in which he alleged, among other things, that he received ineffective assistance of counsel because his lawyer did not advise him of his right to appeal the sentence imposed following his guilty plea. The circuit court dismissed the petition as without merit, and Holmes appealed. On appeal, Holmes addresses only his ineffective assistance claim. Holmes's claim is without merit because, among other reasons, there is no right to a direct appeal from a sentence imposed following a guilty plea. Henderson v. State, 89 So.3d 598, 603 (¶¶ 19–21) (Miss. Ct. App. 2011).

¶ 2. AFFIRMED.

WILSON, J., FOR THE COURT:

LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, FAIR, GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.

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