Sylvester v. State
113 So. 3d 618
| Miss. Ct. App. | 2013Background
- Indicted in Perry County on conspiracy, shooting into a dwelling, drive-by shooting, and aggravated assault (Dec 12, 2008).
- Pushed to plead guilty to two counts (drive-by shooting and aggravated assault) on Sept 2, 2009.
- Plea hearing included questions about attorney satisfaction and sentencing independence; court informed of min/max sentences.
- Conviction order Sept 3, 2009 sentenced 30 years for drive-by (15 served, 15 suspended, 5 years post-release) and 15 years for aggravated assault, concurrent; other counts remanded.
- Aug 9, 2010, Sylvester filed PCR alleging incorrect information about trusty earned time; Barbara Biglan affidavit supported claims of misleading negotiation.
- Aug 4, 2011, trial court dismissed PCR as plainly lacking entitlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea was involuntary due to attorney misadvice | Sylvester claims misinformed about trusty earned time and post-release supervision. | Sylvester relied on plea colloquy and record; insufficient to show involuntariness. | Entitled to evidentiary hearing on voluntariness. |
| Whether counsel was ineffective for misadvice about earned time | Affidavits show reasonable probability that plea would differ with correct advice. | Plea colloquy voluntariness; no prejudice shown. | Entitled to evidentiary hearing on ineffective assistance. |
| Whether an evidentiary hearing was required to resolve these PCR claims | Affidavits plus non-record evidence could overcome belied plea transcript. | Plea transcript largely cures and supports voluntariness. | Remanded for evidentiary hearing to resolve these issues. |
Key Cases Cited
- Readus v. State, 837 So.2d 209 (Miss.Ct.App.2003) (involuntariness claim may survive with supporting affidavits; need evidentiary hearing when based on counsel's erroneous advice)
- Mitchener v. State, 964 So.2d 1188 (Miss.Ct.App.2007) (affidavits can create evidentiary basis to challenge facially correct plea)
- Thomas v. State, 881 So.2d 912 (Miss.Ct.App.2004) (parole eligibility not a prerequisite to voluntariness; erroneous advice about parole may require hearing)
- Gable v. State, 748 So.2d 703 (Miss.2000) (in-court declarations presumed truthful; need hearing if affidavits support claims against record)
- Readus v. State, 837 So.2d 209 (Miss.Ct.App.2003) (discusses evidentiary hearing when reliance on counsel's advice affects plea)