130 So. 3d 160
Miss. Ct. App.2014Background
- Shields was indicted in April 2002 for forcible rape; the indictment cited "97-3-65(3)(A)."
- He pleaded guilty and was sentenced in September 2002 to 15 years imprisonment plus 5 years post-release supervision.
- In 2012 Shields filed a post-conviction relief (PCR) motion arguing the indictment cited a subsection that in later years corresponded to statutory rape with a lower maximum penalty.
- He also argued post-release supervision under Miss. Code Ann. § 47-7-34 was illegal because he was a first-time offender.
- The circuit court dismissed the PCR as time-barred, found the indictment objection waived by the guilty plea, and ruled both claims meritless; Shields appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/citation of indictment | Citation pointed to a subsection now used for statutory rape with lower penalty; conviction invalid | Indictment cited the correct subsection as of 2002; later 2003 renumbering moved provisions | Time-barred and meritless; indictment citation was correct at time of indictment and citation error is surplusage |
| Legality of post-release supervision | § 47-7-34 applies only to previously convicted felons, so supervision was illegal | § 47-7-34 applies to any felony conviction after June 30, 1995; sentencing lawful | Meritless; statute permits post-release supervision for any qualifying felony, so sentence legal |
Key Cases Cited
- Davis v. State, 29 So.3d 788 (Miss. Ct. App. 2009) (statutory renumbering explained; earlier citation was correct at time of indictment)
- Brown v. State, 944 So.2d 103 (Miss. Ct. App. 2006) (incorrect statutory citation alone is surplusage and not prejudicial)
- Evans v. State, 916 So.2d 550 (Miss. Ct. App. 2005) (indictment need only allege essential elements; specific subsection not required)
- Young v. State, 731 So.2d 1120 (Miss. 1999) (standards for procedural viability of PCR claims)
- Callins v. State, 975 So.2d 219 (Miss. Ct. App. 2008) (appellate review standard for factual findings in PCR proceedings)
- Jackson v. State, 860 So.2d 653 (Miss. 2003) (burden on movant to show a PCR claim is not procedurally barred)
- Tucker v. State, 93 So.3d 913 (Miss. Ct. App. 2012) (discussion of post-release supervision applicability)