Tommy Vitela, Sr. v. State of Mississippi
183 So. 3d 104
| Miss. Ct. App. | 2015Background
- Vitela pleaded Alford guilty in 2008 to lustful touching; sentenced to 8 years suspended and 4 years post-release supervision (PRS).
- While on PRS he pleaded guilty in 2010 to sale of hydrocodone/acetaminophen; sentenced to 15 years (10 suspended, 5 to serve) plus 3 years PRS; an agreed order revoked part of the earlier suspended 2008 sentence, adding 8 years to serve.
- Vitela filed a pro se post-conviction collateral relief (PCCR) petition in January 2014 asserting: involuntary 2008 plea, ineffective assistance of counsel in 2010, illegal revocation of the 2008 sentence, and an illegal 2010 sentence.
- The circuit court dismissed the PCCR as time-barred and procedurally improper for attacking multiple judgments; addressed merits but found no exceptions applied.
- The Court of Appeals affirmed, holding the petition challenged multiple judgments, was untimely under the three-year statute, and none of Vitela’s asserted constitutional exceptions overcame the procedural bars.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether single PCCR may attack multiple judgments | Vitela sought relief for both 2008 and 2010 convictions in one petition | UPCCRA limits a PCCR to one judgment per petition | Petition improper for challenging multiple judgments; dismissal affirmed |
| Whether PCCR was time-barred | Vitela filed in 2014, arguing exceptions apply because claims affect fundamental rights | State: guilty pleas trigger 3-year filing limitation; Vitela missed deadlines for both convictions | Time-bar applies; petition untimely |
| Whether constitutional exceptions (involuntary plea; ineffective assistance) excuse the time-bar | Involuntary Alford plea and ineffective assistance implicated fundamental rights | Court: involuntary-plea claims do not automatically overcome procedural bar; Vitela offered only his own assertions and no Strickland proof | Involuntary-plea claim barred; ineffective-assistance claim not pleaded/supported adequately and barred |
| Whether sentences were illegal (revocation credit; PRS counted in total) | Vitela argued revocation was illegal due to subsequent affidavit and that time on PRS should be credited; also claimed PRS improperly added to incarceration making total 18 years | State: revocation may occur without a conviction; time on PRS is not credited toward revoked sentence; PRS is properly imposed in addition to incarceration | Claims of illegal sentence rejected; revocation and PRS-imposition were lawful |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (recognizes guilty plea accepting conviction without admission of factual guilt)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance of counsel)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (errors affecting fundamental constitutional rights may overcome UPCCRA procedural bars)
- King v. State, 47 So. 3d 746 (Miss. Ct. App. 2010) (affidavits of innocence insufficient to overcome procedural bars)
- Pruitt v. State, 846 So. 2d 271 (Miss. Ct. App. 2002) (freedom from illegal sentence is a fundamental right)