Davis v. State
171 So. 3d 537
| Miss. Ct. App. | 2015Background
- Davis was indicted (Aug 2011) for sale of cocaine and as a subsequent offender; habitual-offender charge was dismissed as part of plea negotiations.
- On Nov 15, 2011 Davis pled guilty as a second offender; court sentenced him to 40 years and a $5,000 fine; plea colloquy reflected a voluntary plea.
- Davis filed multiple motions for reconsideration and post-conviction relief (PCR) alleging a defective indictment and an illegal sentence; the court treated them as one PCR filing and summarily denied relief.
- Trial court found the indictment tracked the statutory language, that Davis waived confrontation rights by pleading guilty, and that Davis produced no affidavit or evidence of counsel coercion.
- On appeal, Davis argued the indictment failed to allege possession/intended possession, failed to identify the buyer/confidential informant, omitted statutory subsection, and that his 40-year sentence exceeded what he contends the statutes permit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defective indictment | Indictment omitted unlawful possession, intent-to-sell allegations, subsection citation, and identity of buyer; claims these are jurisdictional and not waived | Indictment tracked statutory language and provided fair notice; guilty plea waived non-jurisdictional defects and right to confront witnesses | Waived by guilty plea; indictment sufficiently tracked statute and gave fair notice; identity of buyer not an essential element |
| Illegal sentence | Sentence should be no more than 8 years under Davis’s reading of §§ 41-29-139 and 41-29-147 | Statute allowed up to 30 years for Schedule II and enhancement can double term for subsequent offenses; court had discretion up to 60 years; 40-year term lawful | 40-year sentence within statutory scheme and proper under enhancement; sentence not illegal |
Key Cases Cited
- Chaney v. State, 121 So.3d 306 (Miss. Ct. App. 2013) (standard of review for PCR dismissal)
- Kennedy v. State, 118 So.3d 684 (Miss. Ct. App. 2013) (guilty plea waives indictment defects)
- Gilmer v. State, 955 So.2d 829 (Miss. 2007) (indictment must list essential elements and provide fair notice)
- Harrison v. State, 722 So.2d 681 (Miss. 1998) (indictment legally sufficient if nature and cause of charge are clear)
- Umphress v. State, 295 So.2d 735 (Miss. 1974) (indictment must state sufficient facts to inform defendant)
- Jenkins v. State, 308 So.2d 95 (Miss. 1975) (identity of person receiving contraband not essential to sale indictment)
- Alexander v. State, 605 So.2d 1170 (Miss. 1992) (guilty plea waives right to confront adverse witnesses)
- Fair v. State, 93 So.3d 56 (Miss. Ct. App. 2012) (penalty for sale of cocaine same regardless of quantity under prior law)
- Bilbo v. State, 881 So.2d 966 (Miss. Ct. App. 2004) (burden on petitioner to prove entitlement to PCR relief)