Anthony Miles Fortenberry v. State of Mississippi
151 So. 3d 222
| Miss. Ct. App. | 2014Background
- Fortenberry pleaded guilty to one count of sexual battery involving a 14-year-old girl (Jan. 31, 2011 indictment).
- Judgment: twenty-year sentence with thirteen years suspended and five years’ supervised probation; $1,000 Victims’ Compensation Fund fine; mandatory sexual-offender registration.
- PCR filed July 26, 2012 alleging lack of evidentiary hearing, no factual basis for plea, and ineffective assistance of counsel.
- Trial court summarily dismissed the PCR motion after reviewing the plea and sentencing transcripts.
- Appeal upheld the trial court’s dismissal; the PCR motion was affirmed without reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCR court erred in summarily dismissing without an evidentiary hearing | Fortenberry | Fortenberry | No error; dismissal affirmed |
| Whether there was a factual basis supporting the guilty plea | Fortenberry | State | Issue not preserved for appellate review; appellate review barred |
| Whether Fortenberry received ineffective assistance of counsel | Fortenberry | State | No reversible error; plea voluntary and counsel not shown to have caused involuntariness |
Key Cases Cited
- Means v. State, 43 So. 3d 438 (Miss. 2010) (review of PCR dismissals; de novo questions of law; discretion on hearings)
- Brown v. State, 731 So. 2d 595 (Miss. 1999) (clear error standard for PCR dismissal)
- Hebert v. State, 864 So. 2d 1041 (Miss. Ct. App. 2004) (trial court discretion on evidentiary hearings)
- Meeks v. State, 781 So. 2d 109 (Miss. 2001) (admissibility of full adversarial hearing not required in all PCRs)
- Pearson v. State, 945 So. 2d 399 (Miss. Ct. App. 2006) (bare assertions insufficient to show involuntariness without medical documentation)
- Hill v. State, 60 So. 3d 824 (Miss. Ct. App. 2011) (voluntary guilty plea and waiver of ineffective-assistance claims)
- Cole v. State, 918 So. 2d 890 (Miss. Ct. App. 2006) (proving ineffective assistance requires showing prejudice from counsel’s errors)
- Reynolds v. State, 521 So. 2d 914 (Miss. 1988) (standard linking counsel errors to plea decision)
- Moawad v. State, 531 So. 2d 632 (Miss. 1988) (appellate review limits for post-conviction claims)
- Cherry v. State, 24 So. 3d 1048 (Miss. Ct. App. 2010) (affidavits in post-conviction ineffective-assistance claims)