Court upholds burglary conviction

Published 11:15 am Wednesday, November 19, 2014

The Mississippi Court of Appeals has upheld the burglary convictionof a  three-time convicted felon from Sharkey County.

On Tuesday, the court affirmed the conviction and five-year sentence of Freddrick Stamps, 38, of Anguilla.

Stamps pleaded guilty to burglary in October 2012 but argued on appeal that — among other contentions — he had ineffective defense counsel who advised him to plead guilty against his wishes.

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“Although Stamps raises a myriad of claims related to the underlying concept that he received ineffective assistance of counsel, he does not support his claims with any affidavits,” Judge Larry E. Roberts wrote in the county’s opinion.

Stamps was indicted in January 2012 for burglary and sexual battery. The sexual battery charges were later dropped in exchange for the burglary plea, according Court of Appeals records.

The court records cite inconsistency between the victim’s statements and statements “discussed in a police report.”

In the appeal, Stamps also argues that the charges against him should be dismissed because he did not receive an initial court appearance within 48 hours of his arrest. State law requires suspects to appear in court within 48 hours of being arrested. Stamps was in custody about 96 hours before being brought to Sharkey County Justice Court, but the delay showed no prejudice, the appeals court ruled.

Stamps was convicted in 1998 of grand larceny, and in 2007 he was convicted of burglary and aggravated assault.

He is serving his sentence in the Mississippi State Penitentiary at Parchman. Despite the five-year sentence, MDOC records list Stamps’ tentative release date as Nov. 25 — exactly one week after the court ruling.