270 So. 3d 63
Miss. Ct. App.2018Background
- Collins pleaded guilty to aggravated assault (shooting victim in chest) on Oct. 6, 2015; armed-robbery count was retired. He was sentenced to 20 years with 10 suspended (10 years to serve) and five years post-release supervision.
- Collins filed a post-conviction collateral-relief (PCCR) motion on Oct. 14, 2016; the circuit court dismissed it and Collins appealed.
- Collins raised five challenges: timeliness of the PCCR, lack of factual basis for the plea, indictment insufficiency/defect, illegal sentence, and ineffective assistance of counsel.
- Plea hearing transcript: court advised Collins of rights; State recited facts identifying Collins as the shooter; Collins agreed the recitation was accurate and said he was guilty; court found plea voluntary with factual basis.
- The indictment charged aggravated assault (with a firearm) and armed robbery; Collins claimed defects in form and failure to allege an essential element.
- Court affirmed dismissal: PCCR was timely; plea had factual basis; indictment was sufficient; sentence lawful and within statutory range; ineffective-assistance claim failed on the record.
Issues
| Issue | Collins's Argument | State's Argument | Held |
|---|---|---|---|
| Timeliness of PCCR | Motion not time-barred | Motion was timely (conceded) | Timely — filed within 3 years of plea |
| Factual basis for plea | Court did not ascertain factual basis under Rule 8.04(A)(3) | Plea transcript shows factual recitation and Collins’s acceptance | Rejected — record shows factual basis and voluntary, intelligent plea |
| Indictment sufficiency | Indictment defective (form/placement of concluding language; failed to allege "serious" bodily injury) | Concluding language is form only and both counts include required language; aggravated-assault statute does not require word "serious" in indictment | Rejected — indictment contained essential elements and was sufficient |
| Illegal sentence | Sentence illegal because indictment defective | Sentence lawful and within statutory limits | Rejected — sentence legal and within statutory guidelines |
| Ineffective assistance of counsel | Counsel failed to investigate, coerced plea, didn’t explain burden of proof | Plea transcript shows counsel explained plea, facts, and burden; Collins satisfied with counsel; bare assertions insufficient | Rejected — performance not shown to be deficient or prejudicial |
Key Cases Cited
- Britain v. State, 229 So. 3d 211 (Miss. Ct. App. 2017) (standards for knowing, voluntary guilty plea)
- Pegues v. State, 214 So. 3d 1080 (Miss. Ct. App. 2017) (form defects in indictments are waivable by guilty plea)
- Cummings v. State, 130 So. 3d 129 (Miss. Ct. App. 2013) (aggravated-assault indictment need not include the word "serious")
- Morgan v. State, 966 So. 2d 204 (Miss. Ct. App. 2007) (failure to charge an essential element is not waived by guilty plea)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance-of-counsel test)