362 So.3d 88
Miss. Ct. App.2023Background
- Victim Tracy Brown was shot and killed in April 2018; Ace Joe Mallard was arrested after fleeing and returned to Mississippi to face charges.
- Mallard was indicted for first-degree murder (Oct. 2019), waived arraignment (Nov. 5, 2019), and the trial was initially set within the 270-day period.
- Two continuances occurred (one agreed continuance due to COVID-19 and one at Mallard’s request); Mallard pled guilty to second-degree murder on Nov. 18, 2020, under an open plea and acknowledged that a guilty plea waives speedy-trial rights.
- At sentencing (Dec. 3, 2020) the court orally pronounced a 40-year, day-for-day sentence without parole; the written sentencing order signed by Mallard also states 40 years.
- The original sentencing transcript mistakenly transcribed the oral pronouncement as 20 years; the court reporter later submitted an affidavit and an amended transcript correcting the error, and an audio recording confirms the court said "forty" twice.
- Mallard filed a PCR motion alleging (1) violation of the 270-day statutory speedy-trial rule and (2) conflict between the transcript (20 years) and the written order (40 years); the circuit court denied relief and the denial was appealed.
Issues
| Issue | Mallard | State | Held |
|---|---|---|---|
| Whether the 270-day statutory speedy-trial rule (Miss. Code §99-17-1) was violated | Mallard argued the 270-day rule was breached because he was not tried before pleading guilty | State argued delays were attributable to Mallard (waivers/continuances) and that his guilty plea waived the speedy-trial claim | No violation; delays were defendant-attributable and Mallard’s guilty plea waived the statutory speedy-trial right |
| Whether the sentencing term should be reduced to 20 years because the original transcript said "twenty" while the written order and oral record show 40 years | Mallard claimed the transcript and order conflict and the transcript controls or creates ambiguity warranting relief | State produced audio, corrected transcript, and court testimony showing the oral pronouncement and written order were 40 years; asserted original transcript contained scrivener’s error | No conflict: the original transcript contained a scrivener’s error; corrected transcript, audio, and signed order establish a 40-year sentence |
Key Cases Cited
- Rowe v. State, 735 So. 2d 399 (Miss. 1999) (a guilty plea waives the right to a speedy trial)
- Sharp v. State, 786 So. 2d 372 (Miss. 2001) (delays attributable to the defendant do not count toward the 270-day speedy-trial total)
- Collins v. State, 879 So. 2d 1112 (Miss. Ct. App. 2004) (transcript scrivener’s errors may be corrected where the record uniformly shows the correct sentence)
- Boutwell v. State, 847 So. 2d 294 (Miss. Ct. App. 2003) (framework for resolving alleged conflicts between oral pronouncement and written judgment)
- Temple v. State, 671 So. 2d 58 (Miss. 1996) (courts address ambiguities between oral sentencing pronouncement and written orders)