Sims v. State
134 So. 3d 317
| Miss. Ct. App. | 2013Background
- Sims pled guilty in a best-interest plea to one count of aggravated assault after a sequence of indictments and a later nolle prosequi of an earlier indictment.
- Sims filed PCR motions (2008 and earlier) that were summarily dismissed as time-barred and due to successive-writ bars.
- The trial court sentenced Sims to 20 years with restitution obligations ($6,000 to Stevens, $4,000 to Broome) despite the Stevens count being dismissed.
- Sims’s restitution dispute centers on whether he could be required to pay for a victim whose count was dismissed.
- Sims asserted multiple trial issues (indictment validity, restitution, ineffective assistance, plea voluntariness, judge recusal, and discovery) on appeal, all of which the court held procedurally barred or meritless.
- The majority affirmed the PCR dismissal; a partial concurrence and dissent discussed restitution and Rule 8.04 timing concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| defective indictment and simultaneous indictments | Sims claims improper indictment and harm from simultaneous indictments | State contends waiver and harmless error under Mitchell/Joiner; no harm shown | Indictment defects waived; no prejudice; simultaneous-indictment issue harmless |
| restitution to a dismissed victim | Sims challenges restitution for Stevens (dismissed count) | State authorized restitution for all victims; no violation | Restitution issue procedurally barred; no merit for the majority; concurrence dissents on scope—Stevens restitution improper |
| ineffective assistance of counsel | Sims asserts numerous deficiencies in counsel | No showing that counsel's errors would have changed outcome | Procedurally barred and, in any case, meritless per record |
| voluntariness of the plea | Plea involuntary due to bias, defective indictment, and restitution issue | Plea colloquy showed voluntariness and no coercion | Plea voluntary; issues related thereto meritless |
| evidentiary hearing and discovery rights | Request for evidentiary hearing and discovery materials denied | PCR court properly denied hearing; discovery not raised timely | Evidentiary hearing denied; discovery issues not material to reversal |
Key Cases Cited
- Moss v. State, 45 So.3d 305 (Miss.Ct.App.2010) (fundamental-right exception is limited; not automatic over bars)
- Bevill v. State, 669 So.2d 14 (Miss.1996) (fundamental rights exception requires demonstration, not mere assertion)
- Joiner v. State, 61 So.3d 156 (Miss.2011) (indictment defects generally waived by guilty plea; two exceptions)
- Mitchell v. State, 792 So.2d 192 (Miss.2001) (no double jeopardy from second indictment if first dismissed; assess harm)
- Knox v. State, 75 So.3d 1030 (Miss.2011) (treat pleading as PCR; procedural bars apply)