Sylvester v. State

¶27. I respectfully dissent from the majority’s opinion. I would affirm the summary dismissal by the trial court.

¶ 28. Where the appellant asserts counsel gave faulty advice preceding the plea hearing, “the error is cured if the defendant unequivocally is given the correct information and indicates his understanding of it during the hearing itself.” Henderson v. State, 769 So.2d 210, 214 (¶ 12) (Miss.Ct.App.2000).4 The trial court may summarily dismiss a motion for post-conviction relief (PCR) if it plainly appears from the face of the motion, any annexed exhibits, and the prior proceedings…