188 So. 3d 576
Miss. Ct. App.2014Background
- Bester pled guilty in 1992 to forcible rape and robbery; sentencing ordered life for rape and seven years for robbery, to run concurrently.
- He filed a 2006 PCR motion asserting rights to testify, be informed of penalties, etc.; circuit court dismissed as time-barred; affirmed on appeal.
- In 2012, he filed a motion to correct an illegal sentence claiming life must be jury-imposed; circuit court dismissed as time-barred.
- He appeals, arguing two issues: (1) misapplication of the three-year PCR limitation to illegal-sentence claims; (2) judge lacked authority to impose life without jury.
- The majority holds the life sentence was legally authorized under the plea agreement and waived jury, with no fundamental constitutional violation.
- Dissent argues Lee v. State requires jury-imposed life, and the lack of a jury rendered the sentence illegal; would remand for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| PCR time-bar for illegal sentence | Bester | Bester | Time-bar applies; no exception. |
| Authority to impose life without jury after guilty plea | Bester | State | Sentence lawful; no jury requirement when plea includes negotiated term. |
Key Cases Cited
- Evans v. State, 547 So.2d 38 (Miss. 1989) (judge as trier of facts when defendant waives jury; life sentence permissible)
- Lee v. State, 322 So.2d 751 (Miss. 1975) (jury has authority to fix life; sentence without jury contemplated)
- Rivers v. State, 136 So.3d 1089 (Miss. Ct. App. 2014) (errors involving illegal or lenient sentences need not override bars absent injury)
- Sweat v. State, 912 So.2d 458 (Miss. 2005) (fundamental-right exception to procedural bars when injury occurs)