Marcus Andrew Walker v. State of Mississippi
238 So. 3d 1186
| Miss. Ct. App. | 2017Background
- Marcus Walker, serving a suspended sentence for felony robbery, had probation revoked and was ordered to serve five years in MDOC custody.
- While held by the Forrest County Sheriff’s Department awaiting transfer, Walker worked as a trustee on a vehicle service detail and left the work site on November 26, 2012.
- He was arrested on December 8, 2012 in a motel after a tip; he waived rights and gave a statement admitting he left custody and stayed with relatives and at a motel until apprehended.
- A jury convicted Walker of felony escape on May 12, 2016; he received a five-year MDOC sentence to run consecutively with other sentences.
- Walker appealed pro se after appellate counsel filed a Lindsey brief (no arguable issues). He raised three claims: insufficient proof of felony escape, entitlement to a lesser-included misdemeanor escape instruction, and violation of the 270-day speedy-trial statute.
- The Court of Appeals reviewed the record and affirmed the conviction, finding no reversible error on any claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: whether State proved felony escape | Walker: no force or violence used, so felony escape elements not met | State: charged under escape (not attempted escape by force), proof showed he left custody while serving a felony sentence | Affirmed — statute criminalizes escape without force; force/violence applies to attempted escape only (Miller) |
| Lesser-included instruction: whether misdemeanor escape instruction should have been given | Walker: jury should have been instructed on misdemeanor escape | State: evidence showed he was in custody for a felony and abandoned the work detail; no evidence supporting misdemeanor instruction | Affirmed — no factual basis for lesser-included instruction; denial not an abuse of discretion |
| Speedy trial (270-day rule) | Walker: indictment expired under Miss. Code §99-17-1 because trial exceeded 270 days after arraignment | State: arraignment to trial was 108 days | Affirmed — timeline well within 270 days |
| Lindsey compliance by appellate counsel | Walker implied ineffective procedure by counsel filing no-arg brief | Appellate counsel: complied with Lindsey, sent brief and advised Walker of right to file pro se brief | Affirmed — counsel satisfied Lindsey requirements; court considered pro se brief and record |
Key Cases Cited
- Miller v. State, 492 So. 2d 978 (Miss. 1986) ("force or violence" wording limits attempted-escape offense; escape without that language is separate)
- Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedure appellate counsel must follow when finding no arguable issues)
- Walker v. State, 196 So. 3d 978 (Miss. Ct. App. 2015) (framework for calculating speedy-trial days)
- McDonald v. State, 784 So. 2d 261 (Miss. Ct. App. 2001) (party not entitled to jury instruction absent evidentiary support)
- Teer v. State, 843 So. 2d 39 (Miss. Ct. App. 2002) (no error in refusing lesser instruction absent factual basis)