Bruce Calvin McCoy v. State of Mississippi
230 So. 3d 1090
| Miss. Ct. App. | 2017Background
- In December 2004 Bruce McCoy pleaded guilty to multiple counts including burglary of a dwelling and petit larceny; the indictments alleged prior felony convictions triggering habitual-offender enhancement under Miss. Code Ann. § 99-19-81.
- McCoy was sentenced to concurrent maximum terms (including 25 years for each dwelling burglary) with no early release or parole.
- McCoy filed several prior PCR motions challenging these convictions and sentences; earlier appeals were dismissed for procedural deficiencies.
- In October 2015 McCoy filed his fourth PCR motion challenging only the burglary-of-dwelling and petit-larceny convictions, arguing (a) lack of proof of prior imprisonments (no pen-pack) for habitual-offender enhancement, and (b) the indictment was defective for omitting the phrase “against the peace and dignity of the state.”
- The circuit court dismissed the 2015 PCR motion as successive; McCoy appealed.
- The Court of Appeals affirmed, holding the motion successive and rejecting McCoy’s substantive challenges as without merit or waived by his guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCR was barred as successive/time‑barred | McCoy argued exceptions apply (newly discovered evidence; intervening Rowland decision) | State argued UPCCRA bars successive motions and McCoy failed to meet exceptions | Court: PCR was successive; McCoy failed to carry burden to invoke exceptions; dismissal affirmed |
| Whether pen‑pack proof was required to prove habitual‑offender status | McCoy: prosecutor failed to produce pen‑pack showing he served >1 year, so enhancement invalid | State: §99‑19‑81 requires proof of being sentenced to ≥1 year; guilty plea/admissions suffice to establish prior convictions | Court: No pen‑pack required because McCoy admitted the priors at plea; enhancement supported by record |
| Whether amending indictment to lesser habitual statute without pen‑pack was improper | McCoy: court erred in amending without proof of priors | State: amendment appropriate; plea and admissions cured necessity of pen‑pack | Court: Amendment proper; same rationale as habitual‑status holding |
| Whether indictment was defective for omitting “against the peace and dignity of the state” | McCoy: indictment violated URCC 7.06(7) and is invalid | State: any non‑jurisdictional defect is waived by a valid guilty plea | Court: Any such omission is a non‑jurisdictional defect waived by McCoy’s guilty plea; claim fails |
Key Cases Cited
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (constitutional‑rights errors may be excepted from UPCCRA bars)
- Wilkins v. State, 57 So. 3d 19 (Miss. Ct. App. 2011) (guilty plea and admissions satisfy State’s habitual‑offender proof)
- Hilliard v. State, 175 So. 3d 554 (Miss. Ct. App. 2015) (record must show basis for enhanced sentence to affirm habitual enhancement)
- Kennedy v. State, 179 So. 3d 82 (Miss. Ct. App. 2015) (guilty plea waives non‑jurisdictional defects in indictment)
- Burch v. State, 929 So. 2d 394 (Miss. Ct. App. 2006) (failure to end indictment with “against the peace and dignity of the State” is waived by guilty plea)
- White v. State, 59 So. 3d 633 (Miss. Ct. App. 2011) (movant bears burden to prove statutory exceptions to UPCCRA bars)
- Chandler v. State, 44 So. 3d 442 (Miss. Ct. App. 2010) (mere assertion of constitutional violation insufficient to overcome time bar)
- Crosby v. State, 16 So. 3d 74 (Miss. Ct. App. 2009) (standard of review for circuit court’s dismissal of PCR is abuse of discretion)