Lonzell Jones v. State of Mississippi
215 So. 3d 508
| Miss. Ct. App. | 2017Background
- Lonzell Jones pleaded guilty (May 7, 2013) to Count II of a Winston County indictment charging sale of cocaine; Count I and enhancements were dismissed as part of a plea deal.
- The indictment alleged Jones sold "a quantity of cocaine" on or about August 6, 2012, and tracked the statutory language of Miss. Code § 41-29-139.
- Jones was sentenced to 30 years with 8 years postrelease supervision (22 years incarcerated before release).
- On July 30, 2015, Jones filed a motion for postconviction relief (PCR) claiming: defective indictment, ineffective assistance of counsel, plain error by court/attorneys, and a fatal variance between indictment and proof.
- The trial court summarily denied the PCR as frivolous and ordered forfeiture of 60 days earned-time credit; Jones appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defective indictment — failure to specify quantity | Jones: indictment defective because it didn’t state amount of cocaine | State: quantity not an essential element; indictment tracks statute and gives fair notice | Court: Affirmed — amount need not be stated; indictment sufficient |
| Defective indictment — failure to name buyer/confidential informant | Jones: indictment should have named the confidential informant | State: buyer identity is not an element and need not be included | Court: Affirmed — identity of buyer not required in indictment |
| Ineffective assistance — counsel failed to investigate informant | Jones: counsel didn’t investigate informant’s criminal background, causing prejudice | State: Jones offered no sworn affidavits or specific facts showing deficient performance or prejudice; plea colloquy shows satisfaction with counsel | Court: Affirmed — claim waived by voluntary guilty plea and unsupported by evidence |
| Ineffective assistance — counsel allowed guilty plea to defective indictment | Jones: counsel ineffective for permitting plea to defective indictment | State: indictment not defective; plea colloquy and record show factual basis and voluntariness | Court: Affirmed — no deficiency, plea voluntary, issue lacks merit |
Key Cases Cited
- Fair v. State, 93 So. 3d 56 (Miss. Ct. App. 2012) (amount of cocaine is not an essential element of sale)
- Joiner v. State, 61 So. 3d 156 (Miss. 2011) (guilty plea waives indictment defects except failure to charge an essential element)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
- Harrison v. State, 722 So. 2d 681 (Miss. 1998) (an indictment is sufficient if, read as a whole, it clearly notifies the accused of the nature and cause of the charge)
- Chapman v. State, 167 So. 3d 1170 (Miss. 2015) (standard of review for PCR factual findings and legal conclusions)