166 So. 3d 609
Miss. Ct. App.2015Background
- Benoman pleaded guilty to two counts of lustful touching of a child in Lauderdale County Circuit Court on November 4, 2009.
- He was sentenced to 15 years on each count, to run concurrently, with both sentences suspended and five years’ supervised probation.
- Fines ($1,000 per count) and restitution ($1,112.94) were imposed but suspended; probation violations occurred on DUI and related conduct on February 20, 2013.
- Upon revocation, he was sentenced to 15 years on each count, concurrent, with monetary assessments of $619.44 and $1,619.50 to the court.
- On March 27, 2014, Benoman filed a motion for post-conviction relief (PCR), which the trial court denied.
- The Mississippi Court of Appeals affirmed, holding the PCR motion time-barred under mississippi code and addressing the merits only after noting the bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competency to stand trial | Benoman contends prior mental diagnoses impaired competence. | State argues no reasonable ground to doubt competence. | No merit; trial court did not err in finding competence. |
| Errors in factual basis | Benoman asserts errors in dates and evidence in the factual basis warrant relief. | State argues no substantive errors; plea waived confrontation rights. | No merit; errors alleged are waivable by guilty plea. |
| Statutory time-bar for PCR | Benoman seeks relief despite being outside the three-year window. | State maintains time-bar with no applicable exceptions. | Time-bar applies; PCR denied on those grounds. |
| Dismissal for failure to state a claim under 42 U.S.C. § 1983/1985 | Challenge to dismissal for failure to state a claim. | Case not properly before Mississippi appellate court; need separate appeal. | Not properly before court; affirmed dismissal or not reviewable here. |
Key Cases Cited
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App. 2012) (standard for reviewing PCR rulings; de novo on legal conclusions)
- Harden v. State, 59 So. 3d 594 (Miss. 2011) (whether reasonable grounds exist to doubt competency)
- Goff v. State, 14 So. 3d 625 (Miss. 2009) (competence depends on ability to understand proceedings and assist counsel)
- Joiner v. State, 61 So. 3d 156 (Miss. 2011) (confrontation rights and waiver in plea contexts)
- Jefferson v. State, 556 So. 2d 1016 (Miss. 1989) (principles of waiving rights by guilty plea)