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IN THE SUPREME COURT OF MISSISSIPPI NO. 95-KP-00485-SCT DOROTHY ANN BIRKLEY v. STATE OF MISSISSIPPI THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: 11/10/94 HON. EUGENE M. BOGEN WASHINGTON COUNTY CIRCUIT COURT PRO SE OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STEWART FRANK CARLTON CRIMINAL - POST CONVICTION RELIEF AFFIRMED - 9/4/97 9/25/97

DISTRICT ATTORNEY: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE DAN LEE, C.J., McRAE AND SMITH, JJ. McRAE, JUSTICE, FOR THE COURT:

Dorothy Ann Birkley appeals from a final judgment entered November 10, 1994, denying relief sought in a post-conviction relief motion in the Circuit Court of Washington County. Birkley's original and supplemental briefs consist of various sections of factual allegations. However, the claims made by Birkley can be categorized into two assignments of error: (1) that she was denied effective assistance of counsel and (2) that the circuit court below failed to advise her of the maximum and minimum sentences for manslaughter. Finding no merit in either of Birkley's arguments, we affirm the denial of post-conviction relief. I. Dorothy Birkley allegedly started a fire and burned down a house in Greenville, Mississippi, killing both David Savage and Joseph Savage, who were inside the house at the time. Birkley was indicted on October 30, 1992, on two counts of capital murder and one count of arson. The charge of arson

was subsequently dropped and the capital murder charges reduced to manslaughter, to which Birkley pled guilty under Miss. Code Ann.

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