Jerry Revette v. State of Mississippi
240 So. 3d 1241
| Miss. Ct. App. | 2017Background
- In July 1987 Jerry Revette pleaded guilty to one count of rape and one count of sexual battery/gratification of lust and was sentenced to life plus ten years, consecutive.
- Revette filed a pro se PCR motion on March 17, 2017 (≈30 years after conviction) claiming his sentence was illegal and that the judge lacked authority to impose life after a guilty plea.
- The Scott County Circuit Court summarily denied the PCR motion as time-barred and without merit on March 23, 2017.
- Revette argued he was sentenced under an improper (post-offense 1985) version of the rape statute and relied on Bester v. State to claim a judge could not impose life without a jury recommendation.
- The Court of Appeals examined the statute in effect when the crime occurred (Miss. Code Ann. § 97-3-65(1), Supp. 1977) and concluded Revette was not sentenced under the 1985 revision and could have faced death.
- The court affirmed the denial of PCR: Revette’s claim is time-barred and, on the merits, Bester does not support his argument and in fact undermines it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Revette’s PCR is time-barred | Revette: sentence is illegal, so exception to 3-year bar applies | State: PCR filed ~30 years later; statute requires filing within 3 years; no applicable exception | Court: Time-bar applies; claim is barred |
| Whether Revette was sentenced under an improper statute | Revette: sentenced under 1985 amendments (post-offense) making sentence illegal | State: Offense governed by 1977 statute; Revette was not sentenced under 1985 revisions | Court: Revette misapprehends law; 1977 statute applied |
| Whether judge lacked authority to impose life after guilty plea | Revette: Bester supports that a judge cannot impose life without jury recommendation | State: Bester addressed a different subsection; it does not apply here and actually supports judicial authority | Court: Bester is distinguishable and undermines Revette’s claim; judge had authority |
| Whether Revette’s plea preserved any claim of illegal sentence | Revette: plea did not cure illegality of life term | State: Plea to life avoided possible death; sentence was within statutory authority at the time | Court: Argument without merit; plea and statute permitted life sentence |
Key Cases Cited
- Edmondson v. State, 17 So. 3d 591 (Miss. Ct. App.) (standard for reviewing PCR factual findings)
- Bosarge v. State, 141 So. 3d 24 (Miss. Ct. App.) (fundamental-rights exception to PCR time bar—illegal sentence exception)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (discussing exceptions to procedural bars)
- Jones v. State, 119 So. 3d 323 (Miss. 2013) (illegal sentence as recognized exception)
- Bester v. State, 188 So. 3d 526 (Miss. 2016) (addressed judge's authority to impose life under §97-3-65(2), distinguished here)