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Rodolfichh v. State10/28/2003
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
DISPOSITION: AFFIRMED
. Matthew Rodolfich pleaded guilty to felony driving under the influence (DUI), his third offense. He was sentenced to serve five years, but his sentence was suspended and he was ordered to serve two years' probation. After confessing to violating the conditions of his probation, Rodolfich was ordered to serve his five year term. He filed two post-conviction relief motions primarily claiming he did not understand what sentence he would receive when he pled guilty. Both were denied and from these decisions, Rodolfich, pro se, appeals to this Court.
ISSUES
I. WHETHER RODOLFICH KNOWINGLY AND VOLUNTARILY ENTERED HIS GUILTY PLEA.
II. DID RODOLFICH HAVE EFFECTIVE ASSISTANCE OF COUNSEL?
FACTS
. Matthew Rodolfich was indicted on March 3, 1998, for felony driving under the influence (Count I) and operating a motor vehicle with BAC (blood alcohol content) of .10% or more (Count II). On September 8, 1998, Rodolfich pleaded guilty to felony DUI. He admitted to driving after consuming at least six drinks at Sneaky Pete's lounge in Harrison County. This was his third offense. The next day, he pleaded guilty to Count II. He signed his plea under the trustworthiness of an official oath. This plea stated that the sentence had a minimum of zero years and a maximum of five years. It also stated that if his probation was revoked, any sentence in that case may be consecutive to or in addition to any sentence in the case he pleaded to. Additionally, it stated that Rodolfich was satisfied with his attorney.
. On November 17, 1998, Rodolfich was sentenced on Count II to serve five years in the custody of the Mississippi Department of Corrections for felony DUI, third offense. His sentence was then suspended and he was placed on probation for two years. Rodolfich violated his probation two times, but his probation was not revoked despite these violations. After his third probation violation, Rodolfich's probation was revoked on September 11, 2000. He was ordered to begin serving his five year term. Rodolfich filed his motion for post-conviction collateral relief on January 10, 2001. He claimed that his guilty plea was involuntary because he was confused about his sentence. He insisted, based on his attorney's advice, that he would receive only a two year sentence. On March 25, 2002, Judge Simpson of Harrison County denied this motion without the benefit of an evidentiary hearing. The judge found that Rodolfich was correctly informed as to the possible sentence to which he could be subjected.
. On June 13, 2002, Rodolfich filed a second motion for post-conviction relief. It was also denied without the benefit of an evidentiary hearing. The judge found that it was a successive writ and therefore procedurally barred. Judge Simpson also found that it was frivolous on its face. From these decisions, Rodolfich appeals to this Court.
ANALYSIS
I. WHETHER THE TRIAL COURT WAS CORRECT IN DENYING RODOLFICH'S MOTION FOR POST-CONVICTION RELIEF WITHOUT AN EVIDENTIARY HEARING.
. Rodolfich's motion before this Court consists of reproduced pages from the official record. He does not clearly specify the issues he wishes to raise with this Court, but it is apparent that Rodolfich claims his sentence was unfair because he did not realize he could receive the maximum of five years at the time he pleaded guilty. This is the evaluation that the trial court used to deny his motions for post-conviction relief. Rodolfich asserts that he was not properly advised of the minimum and maximum sentence for his crime. Rodolfich als
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