Ikeheem R. Colenberg a/k/a Ikeheem Ralpheal Colenberg a/k/a Ikeheem Colenberg v. State of Mississippi
361 So.3d 692
Miss. Ct. App.2022Background
- Colenberg was indicted for first-degree murder, attempted murder, shooting into an automobile, and drive-by shooting; he pled guilty to second-degree murder and drive-by shooting and was sentenced per the State’s recommendation (concurrent 30-year sentences, 20 years to serve).
- At the plea hearing Colenberg signed a written plea petition under oath and admitted guilt; the prosecutor’s on-the-record statement mostly recited statutory elements and omitted or misstated some elements; the indictment was not read into the record.
- The written plea petition contained inconsistencies (an initial correction changing Count 3 to Count 4) but Colenberg signed and confirmed he reviewed and understood the petition and counsel’s advice.
- Months later Colenberg filed a PCR asserting ineffective assistance and an involuntary plea, alleging counsel misadvised him that he would be eligible for trusty and earned time (making him eligible for release in ~8–12 years), when he in fact is ineligible.
- At the PCR evidentiary hearing Colenberg’s family corroborated the alleged misinformation; defense counsel denied ever promising earned/trusty time. The trial court denied relief, finding a sufficient factual basis for the plea and that any misinformation was contradicted/cured by the plea petition and plea colloquy.
- On appeal the Court of Appeals affirmed the denial of PCR: it found a minimally sufficient factual basis in the whole record and concluded Colenberg failed to prove by a preponderance that counsel affirmatively misinformed him such that his plea was involuntary.
Issues
| Issue | Colenberg’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether a sufficient factual basis existed for the guilty plea | Plea lacked factual basis; prosecutor only recited elements and indictment not read | Whole record (plea petition + colloquy) supplies enough facts | Affirmed — whole record supplied a minimally sufficient factual basis |
| Whether plea was involuntary / counsel ineffective for allegedly promising trusty/earned time | Blackmon told Colenberg he’d get trusty/earned time and early release; Colenberg relied on this and would not have pled otherwise | Counsel denied promise; plea petition and colloquy warned no one can guarantee earned time/early release, curing any misinformation | Affirmed — Colenberg failed to prove by preponderance counsel misadvised or that plea was induced by uncorrected misinformation (trial court credited petition/colloquy) |
Key Cases Cited
- Corley v. State, 585 So. 2d 765 (Miss. 1991) (explains factual-basis requirement for guilty pleas)
- Venezia v. State, 203 So. 3d 1 (Miss. Ct. App. 2016) (indictment must be read into the record to serve as the factual basis)
- Hannah v. State, 943 So. 2d 20 (Miss. 2006) (defendant’s admission must contain facts constituting a crime or be accompanied by independent evidence)
- Manuel v. State, 304 So. 3d 713 (Miss. Ct. App. 2020) (elements required to show plea involuntary where counsel allegedly misinformed about earned/trusty time)
- Sylvester v. State, 113 So. 3d 618 (Miss. 2013) (same standard for misinformation about earned/trusty time)
- Ulmer v. State, 292 So. 3d 611 (Miss. Ct. App. 2020) (discusses when plea petition/colloquy sufficiently contradict counsel’s erroneous assurances)
- Doss v. State, 19 So. 3d 690 (Miss. 2009) (burden of proof in PCR proceedings)
- Crawford v. State, 287 So. 3d 314 (Miss. Ct. App. 2019) (review of factual-basis question requires consideration of the entire record)