Graham v. State, 2011 WL 210193

Graham indicted on 12/13/2005 for possession with intent to distribute cocaine; pled guilty 3/28/2006 to simple possession and received a 16-year sentence with 15 years suspended conditioned on 12 months of house arrest, 4 years post-release supervision, and community service.
MDOC classified Graham as inmate on 7/25/2006 for house-arrest violation, requiring him to serve the remainder of the 16-year sentence.
Graham filed a post-conviction relief motion on 7/27/2007; circuit court summarily denied for lack of jurisdiction; Graham appeals asserting multiple trial-court deficiencies.
This appeal challenges (1) lack of notice of appeal rights, (2) defective indictment, (3) illegal/indeterminate sentence, (4) ineffective assistance, and (5) voluntariness of the guilty plea.
The Mississippi Court of Appeals reverses in part and remands for further proceedings consistent with its rulings, with questions surrounding the sentencing structure and revocation procedures.
The decision discusses jurisdictional rules, indictment sufficiency, and the correct interpretation of the circuit court’s 2006 sentence under Mississippi law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to review post-conviction relief	Graham argued circuit court lacked jurisdiction to hear his post-conviction relief claim.	The State argued Babbitt controlled lack of jurisdiction due to ISP/house arrest context.	Circuit court had jurisdiction; reversal and remand for further proceedings.
Indictment defects and district	Indictment failed to reference the correct statute and district.	Indictment and sentencing order aligned; any discrepancy waived by guilty plea.	No error in district; waiver by guilty plea; indictment defect not preserved.
Validity and determinacy of the sentence	Sentence was illegal, vague, and indefinite due to lack of retained jurisdiction and improper delegation.	Sentence interpreted as either non-suspension or improper suspension; details contested.	Sentence impermissibly vague/indeterminate; remand for revocation hearing and clarifying proceedings.
Ineffective assistance of counsel	Counsel failed to advise on elements of the offense and appeal rights, among other failures.	No deficient performance proven; record insufficient to show prejudice.	No merit; claims not substantiated by record.
Voluntariness of the guilty plea	Graham’s plea may not have been voluntary or intelligent.	Circuit judge thoroughly questioned Graham; plea entered knowingly.	Plea found voluntary and intelligent; no reversible error.

Babbitt v. State, 755 So.2d 406 (Miss. 2000) ( ISP/house-arrest context; jurisdictional distinction over post-conviction relief)
Elliott v. State, 993 So.2d 397 (Miss. Ct. App. 2008) (Right to appeal sentence separate from guilty plea; no duty to inform during plea)
Jenkins v. State, 910 So.2d 28 (Miss. Ct. App. 2005) (house-arrest context; revocation mechanics and record sufficiency)
Harris v. State, 757 So.2d 195 (Miss. 2000) (Guilty plea waives non-jurisdictional indictment defects)
Trotter v. State, 554 So.2d 313 (Miss. 1989) (sentence following guilty plea may be appealed independently of the plea)