Ashmore v. State
127 So. 3d 303
| Miss. Ct. App. | 2013Background
- Ashmore pleaded guilty to conspiracy to sell morphine and two counts of morphine sale; circuit court sentenced to five years for conspiracy and ten years for each sale, concurrent; Ashmore filed pro se PCR alleging defective indictment, plea-based sentence issues, and ineffective assistance of counsel; circuit court dismissed PCR; on appeal Ashmore challenges the PCR ruling.
- Indictment charged morphine sales; Ashmore arrested for Klonopin sale; plea transcript shows understanding and admission to morphine charges; State’s factual basis tied morphine to two dates and controlled-substance activity; testing confirmed morphine, not Klonopin.
- Plea proceedings established Ashmore knowingly, freely, voluntarily pled to the morphine charges; plea waivers limited to indigent technical defects absent essential elements or jurisdiction; substantive indictment defects generally waived by valid guilty plea.
- PCR standard allows summary dismissal if no relief is due; de novo review for legal questions; record shows no clear error in dismissal; questions of law reviewed de novo.
- Ashmore argues defective indictment, enhanced penalties, and ineffective assistance; the State’s factual basis supported morphine charges; court did not impose enhanced sentencing beyond statutory allowances; ineffective-assistance claim insufficiently supported by affidavits and waived by guilty plea.
- Court affirms dismissal of Ashmore’s PCR motion and upholds circuit court judgment; all costs assessed to Coahoma County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defective indictment | Ashmore: indictment wrongfully charged morphine sale. | Ashmore: guilty plea waived most indictment defects. | No defect; valid plea waived review; factual basis supported morphine charges. |
| Enhanced penalties | Ashmore: plea based on attorney’s representation that no enhancements would apply. | Ashmore: court did not enhance; eligibility explained but time imposed was reduced. | Not an enhancement; record shows permissible sentence within enhanced framework and parole eligibility. |
| Ineffective assistance of counsel | Ashmore: counsel deficient for not challenging substance identity and for misrepresenting enhancements. | Ashmore: Strickland standard; affidavit-based claim insufficient without corroborating witnesses. | No relief; guilty plea waiver; insufficient evidentiary showing to merit hearing. |
Key Cases Cited
- Joiner v. State, 61 So.3d 156 (Miss.2011) (indictment defects waived by knowing guilty plea unless essential element or jurisdiction lacking)
- Means v. State, 43 So.3d 438 (Miss.2010) (appellate review of PCR denials; de novo for legal questions)
- Hill v. State, 60 So.3d 824 (Miss.Ct.App.2011) (voluntary guilty plea waives ineffectiveness claims except lack of voluntariness)
- Stringer v. State, 454 So.2d 468 (Miss.1984) (Strickland standard adopted in Mississippi for ineffective assistance)
- Reynolds v. State, 521 So.2d 914 (Miss.1988) (prejudice component of Strickland analysis in post-conviction context)
- Cole v. State, 918 So.2d 890 (Miss.Ct.App.2006) (necessity of showing unprofessional errors of substantial gravity for guilty-plea ineffectiveness claims)
- Cherry v. State, 24 So.3d 1048 (Miss.Ct.App.2010) (affidavits required; post-conviction claims not proven by self-affidavits alone)