192 So. 3d 1143
Miss. Ct. App.2016Background
- John Patrick Jackson pled guilty (waived indictment) in two related causes: possession with intent to distribute cocaine with a firearm enhancement (cause 09-112) and sale of cocaine (cause 09-113); plea agreements recommended concurrent sentencing.
- Sentences: 45 years with 23 to serve (cause 09-112, firearm enhancement) and 23 years (cause 09-113); post-release supervision and parts suspended as agreed.
- Jackson filed a pro se PCR claiming his plea was involuntary and counsel ineffective because counsel told him he would be eligible for parole, but the firearm enhancement made him ineligible.
- This Court previously remanded for an evidentiary hearing, finding Jackson had met the burden to obtain one; the circuit court later held such a hearing with live testimony from Jackson, his wife, and trial counsel Dukes.
- The circuit court credited Dukes’s testimony that he told Jackson he would not be eligible for parole and found Jackson and his wife not credible; the court denied PCR and Jackson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether criminal informations were deficient for failing to state cocaine quantity | Jackson: informations defective because they did not specify quantity | State: quantity not required in indictment/information for possession-with-intent or sale | Informations were not fatally defective; no quantity required |
| Whether Jackson was informed that his plea excluded parole eligibility | Jackson: counsel told him he'd be eligible for parole and he relied on that | State: trial counsel testified he told Jackson he would not be eligible for parole; judge credited counsel | Court affirmed that Jackson was informed he would not be eligible for parole |
| Whether Jackson was sentenced under § 41-29-139(g) (drug trafficking) to bar parole | Jackson: argues parole ineligibility arose from § 41-29-139(g) | State: Jackson was convicted under § 41-29-139(a) with firearm enhancement § 41-29-152; parole barred by § 47-7-3(1)(f) for enhanced penalties | Court found he was not sentenced under § 41-29-139(g); parole ineligibility was due to firearm enhancement statutes |
| Whether Jackson received ineffective assistance of counsel | Jackson: counsel’s alleged misinformation about parole and charges caused involuntary plea | State: no deficient performance because counsel properly advised and plea was voluntary; credibility resolved for counsel | Ineffective-assistance claim failed because underlying allegations were unsupported and credibility favored counsel |
Key Cases Cited
- Goodin v. State, 102 So. 3d 1102 (Miss. 2012) (standard of review and burden in PCR evidentiary hearings)
- Jackson v. State, 178 So. 3d 807 (Miss. Ct. App. 2014) (prior appellate remand finding entitlement to evidentiary hearing)
- Hawthorne v. State, 174 So. 3d 306 (Miss. Ct. App. 2015) (quantity of cocaine not required in indictment for possession-with-intent)
- Lackaye v. State, 166 So. 3d 560 (Miss. Ct. App. 2015) (parole prohibited for felonies with enhanced penalties)
- Sharp v. State, 152 So. 3d 1212 (Miss. Ct. App. 2014) (trial court as factfinder resolves credibility in PCR hearings)