Garrett v. State
110 So. 3d 790
Miss. Ct. App.2012Background
- Garrett pled guilty to the sale of cocaine, a Schedule II controlled substance, under Miss. Code Ann. § 41-29-139(a)(1).
- The circuit court sentenced Garrett on November 17, 2008 to 17 years, with 12 years to serve and 5 years post-release supervision, plus a $5,000 fine with $2,500 suspended.
- Garrett filed a post-conviction relief (PCR) motion which the circuit court denied, May 26, 2009.
- Garrett filed a second PCR motion September 24, 2010 asserting a defective indictment, plain error in the plea colloquy, ineffective assistance of counsel, and innocence.
- The circuit court held the second PCR barred as a successive writ and denied relief; Garrett noted an appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment sufficiency | Garrett argues the buyer’s name was essential and missing. | State contends the buyer’s name is not an essential element. | Indictment did not require buyer's name; no error. |
| Plain error in plea colloquy | Garrett asserts the plea colloquy proceeded despite indictment defect. | State maintains plea colloquy was proper under any defect. | No plain error requiring reversal. |
| Innocence claim | Garrett contends he is innocent due to indictment defect. | State argues plea admits guilt despite defect. | Indictment defect did not render him innocent; plea valid. |
| Ineffective assistance of counsel | Garrett claims counsel failed to move to dismiss for indictment defect. | State maintains no deficient performance or prejudice shown. | No ineffective assistance; Strickland standard not met. |
Key Cases Cited
- Jones v. State, 912 So.2d 973 (Miss. 2005) (buyer identity not an element of sale of cocaine)
- McCollum v. State, 785 So.2d 279 (Miss. 2001) (indictment must include essential elements)
- Jefferson v. State, 556 So.2d 1016 (Miss. 1989) (plea waives many rights but not element sufficiency or jurisdiction)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard (deficient performance and prejudice))
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (plea-based ineffective assistance standard applies to capacity to plead)
- Sutton v. State, 873 So.2d 120 (Miss. Ct. App. 2004) (lack of challenge to guilt limits ineffectiveness claim)
- Young v. State, 731 So.2d 1120 (Miss. 1999) (denial of evidentiary hearing reviewed de novo)
- Evans v. State, 61 So.3d 922 (Miss. Ct. App. 2011) (evidentiary hearing discretion under PCR statute)