225 So. 3d 6
Miss. Ct. App.2017Background
- In December 2014 Aaron L. Patane waived indictment and pleaded guilty to one count of sexual battery under Miss. Code Ann. § 97-3-95(1)(d); he was sentenced to life imprisonment and fined $1,000.
- The plea petition (signed by Patane) listed rights relinquished, indicated maximum sentence of life, and mistakenly stated the minimum as life though the criminal information showed a 20‑year minimum.
- During the plea colloquy Patane confirmed he signed the seven-page petition, had reviewed it with counsel, was satisfied with counsel, and denied coercion.
- Patane filed a motion for post-conviction relief (PCR) arguing his guilty plea was involuntary, counsel was ineffective, and the life sentence was unconstitutional because not recommended by a jury.
- The Calhoun County Circuit Court denied PCR as facially without merit; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of guilty plea | Patane says he was coerced, did not have time to read plea, and wasn’t advised of rights/consequences | State points to signed plea petition and plea colloquy showing knowledge and voluntariness | Plea was voluntary and intelligent; claim denied |
| Ineffective assistance of counsel | Counsel forced quick plea same day of appointment, failed to explain sentences; would have gone to trial | State: record (petition/colloquy) contradicts claim; no proof counsel’s errors changed outcome | No ineffective assistance proven; claim denied |
| Sentence illegality (life sentence without jury recommendation) | Patane: life sentence unconstitutional absent jury recommendation | State: §97-3-101(3) vests sentencing discretion in court, no jury finding required | Life sentence constitutional under statute; claim denied |
Key Cases Cited
- Buckley v. State, 119 So. 3d 1171 (Miss. Ct. App.) (standard of review for PCR factual findings and de novo review of legal questions)
- Ward v. State, 879 So. 2d 452 (Miss. Ct. App.) (plea petition and colloquy may be used to refute post-plea claims)
- Burrough v. State, 9 So. 3d 368 (Miss.) (to prevail on ineffective assistance in guilty-plea context, defendant must show he would have insisted on trial)
- Bass v. State, 174 So. 3d 883 (Miss. Ct. App.) (affidavit-only claims of counsel ineffectiveness are generally insufficient when unsupported)
- Castro v. State, 159 So. 3d 1217 (Miss. Ct. App.) (affidavits required only for witnesses; appellant may attest to facts he intends to prove)
- Keith v. State, 999 So. 2d 383 (Miss. Ct. App.) (prejudice standard for guilty-plea ineffective-assistance claims)
- Carter v. State, 996 So. 2d 112 (Miss. Ct. App.) (statute governing sexual-battery sentencing does not require jury determination for life sentence)
- Dockens v. State, 879 So. 2d 1072 (Miss. Ct. App.) (failure to inform defendant of max/min sentences may be harmless when informed elsewhere)