Soweto Ronnell Love a/k/a Soweto Love v. State of Mississippi

Summary

The court reversed the dismissal of Love’s post-conviction motion because the record did not establish that he knowingly and voluntarily pleaded guilty as a habitual offender. Love was incorrectly advised that the minimum sentence was one year per count, although the applicable habitual-offender law required a five-year minimum, and neither the court nor counsel directly confirmed that he understood the habitual-offender status. The court also held that a factual basis existed for the underlying offenses but not for the habitual-offender portion of the indictment, and remanded for an evidentiary hearing.