Charles Bester v. State of Mississippi
188 So. 3d 526
| Miss. | 2016Background
- Charles Bester pled guilty (1992) to forcible rape and robbery; the circuit court accepted plea agreement and sentenced him to life for rape and seven years for robbery, concurrent.
- Bester later filed a post-conviction relief (PCR) motion (styled motion to correct an illegal sentence) arguing a judge cannot impose life for forcible rape absent a jury recommendation; asserted his sentence was illegal and time-bar exception applied.
- Trial court dismissed the PCR as time-barred and on the merits; the Court of Appeals affirmed. Bester sought certiorari.
- The Mississippi Supreme Court granted certiorari, invited amici briefing, and reviewed whether a judge may impose life under Miss. Code § 97-3-65(4)(a) when the jury did not recommend life.
- The majority held the statute’s plain language authorizes a judge to fix "any term," including life, and overruled prior Mississippi cases to that extent; it affirmed denial of PCR as successive/time-barred.
- Justices Kitchens and King (joined by others) dissented, arguing longstanding precedent and statutory text require a jury recommendation for life and that stare decisis and statutory construction principles bar the majority’s change.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial judge may impose life imprisonment for forcible rape absent a jury recommendation | Bester: statute permits life only if jury prescribes it; without jury, judge lacked authority, so life sentence is illegal | State: statute allows the court to fix "any term," so judge may impose life when no jury fixes life | Court: Judge has statutory authority to impose life; affirmed PCR denial |
| Proper interpretation of Miss. Code § 97-3-65(4)(a) — does "any term" include life? | Bester: "any term" means a definite term of years, not life; context and precedent require jury for life | State: "any term" is broad and includes life; legislative text lacks explicit limitation | Court: Plain language includes life; prior contrary cases overruled |
| Role of stare decisis in overruling prior line of cases (Lee, Luckett, Friday) | Bester: prior precedent controls; longstanding interpretation should stand; legislative inaction signals acquiescence | State: prior line was erroneous and harmful; court may correct statutory interpretation when precedent is pernicious | Court: Overruled prior decisions as contrary to statute and justified departure from stare decisis |
| Procedural consequence of ruling on Bester’s PCR motion | Bester: sentence illegal => exception to time-bar applies | State: sentence not illegal; PCR is successive and time-barred | Court: Sentence lawful; PCR motion barred as successive/time-barred; affirmed |
Key Cases Cited
- Jackson v. State, 551 So.2d 132 (Miss. 1989) (sentencing is discretionary with trial court subject to statutory limits)
- Lee v. State, 322 So.2d 751 (Miss. 1975) (historically held that only a jury may impose life under the rape statute)
- Luckett v. State, 582 So.2d 428 (Miss. 1991) (applied Lee to hold judge may not sentence to life without jury recommendation)
- Friday v. State, 462 So.2d 336 (Miss. 1985) (part of the line limiting judicial imposition of life absent jury)
- Rowland v. State, 98 So.3d 1032 (Miss. 2012) (discusses procedural bars to successive/time‑barred PCR motions)