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511 So. 2d 501

Jimpson v. State

Mississippi Supreme Court

Decided August 12, 1987

Mississippi Supreme Court · decided 1987-08-12

Relies on Gideon v. Wainwright

Decided 1987-08-12

¶1ON MOTION FOR POST-CONVICTION RELIEF

HAWKINS, Presiding Justice,

¶2for the Court:

¶3Appellant Clim Jimpson is presently incarcerated at Parchman as a recidivist on a 1985 charge of aggravated assault. He appeals the denial of a motion for post-conviction relief under § 99-39-1 et seq., Miss. Code of 1972 (Supp.1986), attacking a 1956 guilty plea to a charge of burglary for which he served a ten-year sentence and which conviction was used to support his sentence in 1985 as a habitual offender, on the ground that he was without legal representation when he entered his plea. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963).

¶4No hearing was held below, and the record before this Court consists solely of the motion, a form order denying the motion, a notice of appeal and an order granting appeal in forma pauperis. It is impossible to determine from the record and the order entered in this cause the validity of this claim or the basis of the denial of Appellant’s motion.

¶5For this reason, we remand this case to the Circuit Court of Hinds County for a hearing to determine if petitioner asserts a meritorious claim under the statute.

¶6REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION.

WALKER, C.J., ROY NOBLE LEE, P.J., and PRATHER, ROBERTSON, SULLIVAN, ANDERSON and GRIFFIN, JJ., concur.DAN M. LEE, J., dissents without written opinion.
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