Marque D. West v. State of Mississippi
226 So. 3d 1238
| Miss. Ct. App. | 2017Background
- Marque D. West pleaded guilty to second-degree murder in Claiborne County and was sentenced to 30 years in MDOC custody.
- He had been indicted for first-degree murder but accepted a plea to second-degree murder under Miss. Code Ann. § 97-3-19(1)(b).
- West filed a postconviction relief (PCR) motion claiming (1) he was not informed he was ineligible for parole and (2) his sentence was illegally enhanced and he lacked time to prepare a defense.
- The circuit court denied the PCR motion without an evidentiary hearing, finding the motion lacked merit.
- The plea petition West signed included language acknowledging no promises of parole or early release and that he understood parole/earned-time rules and the court’s lack of control over them.
- West appealed the denial; the Court of Appeals affirmed, concluding his claims were without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether West was entitled to be informed at sentencing of parole ineligibility | West: He was not informed of parole ineligibility; parole/credit not mentioned at sentencing | State: No constitutional right to full parole information; no affirmative misinformation; plea form shows awareness | Court: No error; defendant signed plea acknowledging understanding of parole/earned-time; claim without merit |
| Whether West's sentence was enhanced or unconstitutional | West: Sentence was enhanced and he lacked adequate time to prepare a defense | State: Plea to second-degree murder carries 25–40 years; 30-year sentence is within statutory range; plea form confirmed counsel informed him of ranges | Court: Sentence not illegally or secretly enhanced; claim without merit |
Key Cases Cited
- Jackson v. State, 178 So. 3d 807 (Miss. Ct. App.) (no constitutional right to full parole information before plea)
- Stewart v. State, 845 So. 2d 744 (Miss. Ct. App.) (trial judge not required to inform defendant of parole ineligibility; unawareness ≠ erroneous advice)
- Thomas v. State, 881 So. 2d 912 (Miss. Ct. App.) (plea involuntary if defendant was affirmatively misinformed about parole eligibility)
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App.) (standard of appellate review for PCR denial)
- Adams v. State, 201 So. 3d 521 (Miss. Ct. App.) (legal conclusions in PCR denials reviewed de novo)