Chad Joseph Venezia v. State of Mississippi
203 So. 3d 1
| Miss. Ct. App. | 2016Background
- In Jan 2012 a Lamar County grand jury indicted Chad Venezia on two counts: possession of precursor chemicals with intent to manufacture methamphetamine and conspiracy to manufacture; the State alleged multiple precursors (ephedrine/pseudoephedrine, lithium, heptanes, sodium hydroxide, sulfuric acid).
- Venezia initially pleaded not guilty, proceeded pro se at trial with advisory counsel, and after voir dire and a suppression hearing changed his plea to guilty on Count 1; Count 2 was nolle prossed.
- At sentencing Venezia received a 30-year sentence (20 years to serve + 10 years post-release supervision) and a $5,000 fine.
- Venezia filed a post-conviction relief (PCR) motion claiming his guilty plea was involuntary, the indictment was defective, and an ex post facto violation occurred; the trial court dismissed the PCR and Venezia appealed pro se.
- The plea colloquy did not recite the factual basis or read the indictment into the record; the appellate court ordered supplementation of the record to include the pre-plea trial transcript (voir dire and suppression hearing testimony).
- Deputy Keith Garner testified at the suppression hearing about surveillance, database-confirmed Sudafed and lithium purchases, an informant purchase of methamphetamine from Venezia, a traffic stop where precursors were found, execution of a search warrant, and precursors recovered at Venezia’s residence; the suppression motion was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court accepted Venezia’s guilty plea without a sufficient factual basis | Venezia: plea lacked factual basis because plea colloquy did not recite facts or read the indictment into the record | State: factual basis can be established from the indictment and other parts of the record (suppression hearing testimony) | Court held the record (suppression hearing testimony) provided a sufficient factual basis; PCR dismissal affirmed |
Key Cases Cited
- Palmer v. State, 140 So. 3d 448 (Miss. 2013) (court must ensure plea is voluntary and supported by factual basis)
- Hannah v. State, 943 So. 2d 20 (Miss. 2006) (defendant’s admission must include factual statements or be paired with independent evidence)
- Watkins v. State, 170 So. 3d 582 (Miss. Ct. App. 2014) (factual basis may be established by prosecutor’s statement, live testimony, or prior proceedings)
- Drake v. State, 823 So. 2d 593 (Miss. 2002) (indictment must be read into the record to serve as the factual basis at plea hearing)
- Robinson v. State, 964 So. 2d 609 (Miss. Ct. App. 2007) (same rule regarding reading the indictment into the record)
- Madden v. State, 75 So. 3d 1130 (Miss. Ct. App. 2011) (standard of review for PCR dismissal)