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IN THE SUPREME COURT OF MISSISSIPPI NO. 95-KP-00105-SCT LEWIS BROCK 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: 02/22/95 HON. ROBERT LOUIS GOZA, JR. MADISON COUNTY CIRCUIT COURT PRO SE OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS JOHN KITCHENS CRIMINAL - POST CONVICTION RELIEF LOWER COURT'S DENIAL OF POST CONVICTION RELIEF AFFIRMED - 9/11/97 10/2/97

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

BEFORE PRATHER, P.J., ROBERTS AND MILLS, JJ. MILLS, JUSTICE, FOR THE COURT:

STATEMENT OF THE CASE Lewis Brock appeals to this Court from the Circuit Court of Madison County where Judge Robert Louis Goza, Jr. denied his Motion for Post Conviction Relief. The trial court found Brock's Motion to Vacate Sentence to be time barred as it was filed on July 18, 1994, while the record indicated that Brock entered a guilty plea on March 24, 1976. From the trial court's denial of his Motion for Post Conviction Relief, Brock appeals to this Court. STATEMENT OF THE ISSUES I. DID THE TRIAL COURT ERR BY NOT ADVISING BROCK OF THE MAXIMUM

AND MINIMUM PENALTIES OF THE CRIMES CHARGED, MAKING HIS GUILTY PLEA INVOLUNTARY? II. WAS BROCK SUBJECTED TO INEFFECTIVE ASSISTANCE OF COUNSEL FOR COUNSEL'S ALLEGED FAILURE TO INFORM BROCK OF THE MAXIMUM AND MINIMUM SENTENCES FOR THE CRIMES CHARGED? STATEMENT OF THE FACTS On March 24, 1976, Brock plead guilty to the murder of Horace Johnson in the Circuit Court of Madison County, Mississippi. He was represented by counsel, Mr. Ben Block Jones. He was informed by the trial court that the penalty for murder was life imprisonment. The State also stated for the record that its recommendation, as part of a plea bargain agreement with Brock's counsel, was life imprisonment. Brock had been indicted for capital murder and robbery, and he could have faced the death penalty if convicted. After Brock stated that he had not been threatened or promised anything in return for pleading guilty and the trial court advised Brock of the rights he was waiving by pleading guilty, the Circuit Court of Madison County accepted Brock's guilty plea as having been knowingly, freely and voluntarily entered. The trial court then sentenced Brock to serve the remainder of his life in prison. On July 18, 1994, Brock filed a Motion to Vacate Judgment. On February 22, 1995, the trial court denied the motion as time barred. Brock now appeals to this Court asserting that his plea was involuntary and his counsel was ineffective. ANALYSIS I. DID THE TRIAL COURT ERR BY NOT ADVISING BROCK OF THE MAXIMUM AND MINIMUM PENALTIES OF THE CRIMES CHARGED, MAKING HIS GUILTY PLEA INVOLUNTARY? Brock claims that the trial court did not inform him of the maximum and minimum sentences that could be imposed for a conviction of murder in violation of Mississippi Uniform Circuit and County Court Rule 8.04(4)(b) (1996). See Vittitoe v. State, 556 So.2d 1062 (Miss. 1990); Mallett v. State, 592 So.2d 524 (Miss. 1991). Therefore, his plea is involuntary because, had he known that the only sentence available for murder was life imprisonment, he would have taken the case to trial. Brock's argument is wholly without merit. Brock cites a myriad of cases that do nothing to alter the fact that he was properly informed by the trial court. As indicated by the following excerpt from the transcript of the plea hearing, Brock was properly informed of the sentence for murder. (By the Court) Q. Do you understand that the killing of a human being without authority of law or by any means or in any manner in the following cases: when done with deliberate design to effect the death of the person killed of any human being; when done in the commission of an act eminently dangerous to others, and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual; when done without any design to effect death, by any person engaged in the commission of the crime of rape, burglary

arson, or robbery, or in any attempt to commit such felonies(1). Do you understand that is the crime of murder? (Brock) A. Yes, sir. (The Court) Q. Do you understand that every person who shall be guilty of murder shall be sentenced by the Court to imprisonment in the state penitentiary for life? (Brock) A. Yes, sir. Brock was clearly informed of the maximum and minimum sentences for the crimes involved because life imprisonment is the only sentence available under Miss. Code Ann.

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