Toney v. State

GRIFFIS, J.,

for the Court.

¶ 1. In November 2001, Rickey Toney pled guilty to receipt of stolen property. He was sentenced to serve five years in the custody of the Mississippi Department of Corrections. Upon request by defense counsel, the circuit court ordered that To-ney’s state sentence be served concurrently with a federal sentence he was serving at the time.

¶ 2. In March 2002, Toney filed a motion for post-conviction relief after learning that federal authorities would not allow his state and federal sentences to run concurrently. An evidentiary hearing was held on September 23, 2002,…