94 So. 3d 362
Miss. Ct. App.2012Background
- Shavers pleaded guilty to rape, kidnapping, burglary of a dwelling, grand larceny, and aggravated assault in Rankin County; sentences included concurrent rape/burglary terms and consecutive terms for the others.
- The trial court imposed aggregate lengthy prison terms within statutory limits.
- Shavers moved for post-conviction relief to reduce his sentence; the trial court dismissed the motion.
- On appeal, the court reviews the trial court’s factual findings for clear error and legal conclusions de novo.
- Issues argued include potential double jeopardy, legality of sentence, and multi-count indictment; the court finds some waived due to the guilty plea.
- The court affirms the dismissal, finding sentences within statutory limits and waiving certain arguments for lack of evidence or procedural fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment defects were waived by the guilty plea | Shavers asserts indictment issues | Shavers waived defects by guilty plea | Waived by guilty plea |
| Whether double jeopardy bars multiple punishment for burglary | Multiple punishment violates double jeopardy | Separate offenses allowed under double jeopardy references | Not merit; offenses arose from separate prosecutions |
| Whether the sentence was excessive given the crimes and prior history | Sentence excessive given plea and health | Within statutory limits; tailored to crimes and history | Not excessive; within statutory limits |
| Whether Shavers waived health/inebriation evidence due to failure to present it at plea/sentencing | Health/inebriation mitigating evidence available | Waived under Miss. Code Ann. § 99-39-21(1) | Waived; proper waiver and lack of evidence to support |
Key Cases Cited
- Grissom v. State, 66 So.3d 1280 (Miss.Ct.App.2011) (guilty plea waives non-jurisdictional defects in an indictment)
- Henley v. State, 749 So.2d 246 (Miss.Ct.App.2009) (multiple prosecutions allowed under double jeopardy provision)
- Ohio v. Johnson, 467 U.S. 493 (U.S. Supreme Court 1984) (related to double jeopardy and multiple prosecutions)
- Lee v. State, 469 So.2d 1225 (Miss.1985) (double jeopardy principles cited by court)
- Doss v. State, 19 So.3d 690 (Miss.2009) (standard of review for post-conviction relief)