Background

• In 2007, Joiner was indicted in Lafayette County on felony flight and felon-in-possession of a deadly weapon; the second count listed prior felonies but did not charge habitual offender status.
• In a separate Lafayette case, Joiner faced an armed-robbery indictment with habitual-offender enhancement under § 99-19-83, which carried life without parole.
• Under a plea agreement, the State dismissed Count II of the felon-in-possession indictment and reduced the armed-robbery charge to strong-armed robbery if Joiner pled guilty to felony flight and strong-armed robbery as a lesser habitual offender under § 99-19-81.
• Joiner pled guilty to felony flight and strong-armed robbery and was sentenced to 19 years as a Section 99-19-81 habitual offender.
• Joiner later asserted that sentencing as a habitual offender for felony flight was invalid because the indictment failed to charge habitual offender status.
• The trial court denied his post-conviction relief petition; the Court of Appeals affirmed, holding Joiner waived any defect by pleading guilty.

Issues

Key Cases Cited

• Jefferson v. State, 556 So. 2d 1016 (Miss.1989) (waives rights via guilty plea)
• Conerly v. State, 607 So. 2d 1153 (Miss.1992) (waiver of indictment defects with guilty plea; general rule)
• Gowdy v. State, 56 So. 3d 540 (Miss.2011) (Rule 7.09 notice and amendment requirements; pre-sentencing amendment)
• Hentz v. State, 542 So. 2d 914 (Miss.1989) (indictment must include habitual-offender notice for due process)
• Feazell v. State, 761 So. 2d 140 (Miss.2000) (indictment must charge habitual offender to convict as such)
• Keyes v. State, 549 So. 2d 949 (Miss.1989) (indictment must include habitual-offender status)
• Elliott v. State, 993 So. 2d 397 (Miss.Ct.App.2008) (cases where amendment occurred before plea)
• Smith v. State, 965 So. 2d 732 (Miss.Ct.App.2007) (amendment to charge habitual offender before plea)