309 So.3d 1097
Miss. Ct. App.2020Background:
- Charles Nance was indicted in 2014 on four counts of selling methamphetamine; by 2017 he faced additional felony charges from a 2016 indictment, so multiple felonies were pending.
- On the day of trial (April 11, 2017) the State proceeded on Counts 1 and 3; after a short recess Nance pled guilty to Count 1 as a habitual offender and Count 3 as non-habitual.
- During a detailed plea colloquy the court informed Nance of the elements and consequences, the State summarized video and lab evidence of multiple controlled buys, and Nance repeatedly admitted guilt under oath and denied impairment or coercion.
- The court found Nance a habitual offender, sentenced him to 8 years without parole on Count 1 and a consecutive 8 years on Count 3, and retired remaining counts to the file; Nance was transported for medical treatment after sentencing.
- About one year later Nance filed a post-conviction relief petition asserting: (1) defective habitual indictment, (2) double jeopardy, (3) involuntary plea (no factual basis, incompetence, coercion), and (4) ineffective assistance of counsel; the trial court denied relief and this appeal followed.
Issues:
| Issue | Nance's Argument | State/Court's Argument | Held |
|---|---|---|---|
| Indictment sufficiency as habitual offender | Indictment failed to cite the habitual statute and lacked particularity | Indictment was labeled "HABITUAL OFFENDER" and listed prior convictions, dates, and jurisdictions; plus Nance pleaded guilty and admitted priors (waiver) | Indictment sufficient; claim waived by guilty plea; affirm |
| Double jeopardy | Charging/proving habitual status twice subjects him to double jeopardy | Jeopardy had not attached (no jury impaneled); enhanced sentence is not multiple punishment for same offense | No double jeopardy; Cox not applicable; affirm |
| Voluntariness of plea (factual basis, competence, coercion) | No factual basis; was medically incompetent; coerced by counsel/trial court | Colloquy established factual basis; Nance admitted guilt under oath, denied impairment or duress; medical episode did not impair competence | Plea was voluntary; factual basis adequate; competence and coercion claims rejected |
| Ineffective assistance of counsel | Counsel failed to investigate evidence/medical history and coerced plea | Many claims are procedurally barred by guilty plea; no proof counsel's performance caused the plea; plea produced a favorable resolution | Ineffective-assistance claims denied |
Key Cases Cited
- Jordan v. State, 995 So. 2d 94 (Miss. 2008) (indictment must give defendant notice of elements/charge)
- Dartez v. State, 271 So. 3d 733 (Miss. Ct. App. 2018) (indictment need not cite statute if facts give notice)
- Vanwey v. State, 149 So. 3d 1023 (Miss. 2014) (guilty plea waives challenge to sufficiency of prior convictions when not attacked at plea)
- Cox v. State, 586 So. 2d 761 (Miss. 1991) (double jeopardy bars successive attempts to perfect habitual proof after trial)
- Grazzier v. State, 744 So. 2d 776 (Miss. 1999) (bare admission can supply factual basis for plea)
- Turner v. State, 864 So. 2d 288 (Miss. Ct. App. 2003) (sources that can establish factual basis for a plea)
- Boyd v. State, 253 So. 3d 933 (Miss. Ct. App. 2018) (affirmative confession supports factual basis)
- Lee v. State, 759 So. 2d 390 (Miss. 2000) (jeopardy attaches when jury is impaneled or trial commences)
- Worth v. State, 223 So. 3d 844 (Miss. Ct. App. 2017) (test for ineffective assistance when plea is entered)
- Davis v. State, 174 So. 3d 299 (Miss. Ct. App. 2015) (strong presumption of validity for statements made under oath)