130 So. 3d 90
Miss. Ct. App.2013Background
- Britton charged with one count of child exploitation under Miss. Code Ann. § 97-5-33(7) for soliciting a minor to produce a sexual depiction; he entered an Alford plea after maintaining innocence.
- Plea colloquy led to court accepting the plea and continuing to sentencing.
- Britton later attempted to withdraw the plea by pro se letter alleging involuntariness and IA counsel issues; court denied.
- Britton filed a PCR motion (Dec. 19, 2011) asserting insufficient factual basis, involuntariness, defective indictment, and ineffective assistance; court dismissed without an evidentiary hearing.
- A second PCR motion was treated as a Rule 59 motion and similarly dismissed; appeal follows seeking post-conviction relief affirmance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Factual basis for the Alford plea | Britton contends insufficient factual basis. | Britton claims no valid basis proven. | Court finds adequate factual basis supporting the plea. |
| Voluntariness of the plea | Britton argues pleas were involuntary due to misinformed elements/maximum. | Britton asserts incomplete element/punishment information. | Plea deemed voluntary; elements communicated and correct maximum explained. |
| Defective indictment | Britton claims clerical misspelling; indictment defective. | Misspelling not material; clerical error amendable. | Clerical error cured; no fundamental defect in indictment. |
| Ineffective assistance of counsel | Britton asserts counsel misrepresented plea terms. | Record shows trial court and plea transcript; no ineffective assistance established. | No merit; lack of supporting affidavits and transcript support. |
Key Cases Cited
- Reynolds v. State, 521 So.2d 914 (Miss. 1988) (factual basis required for guilty plea; substantial evidence may sustain Alford plea)
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (guilty plea may be accepted despite defendant's protestations of innocence)
- Williams v. State, 31 So.3d 69 (Miss. Ct. App. 2010) (prosecutor's on-record elements may suffice when judge/attorney explanation is lacking)
- Vielee v. State, 653 So.2d 920 (Miss. 1995) (affidavits required; without corroborating witnesses, ineffective-assistance claim fails)
- Gaskin v. State, 618 So.2d 103 (Miss. 1993) (record-wide review permitted to assess factual basis for plea)