Watts v. State
97 So. 3d 722
| Miss. Ct. App. | 2012Background
- Watts pled guilty to robbery on July 15, 1992 and was sentenced to five years to run concurrent with Clarke County Case #7169, with credit for time served since March 4, 1991.
- Watts was released from MDOC custody in 1993 but is currently incarcerated on a life sentence for a separate robbery conviction.
- Watts filed a motion to withdraw his guilty plea on July 30, 2010, treated as a motion for post-conviction relief (PCR).
- The circuit court dismissed the PCR motion on April 26, 2011 as time-barred under Mississippi Code § 99-39-5(2) after finding no applicable exceptions.
- Watts appealed the dismissal, challenging the voluntariness of his plea, ineffective assistance of counsel, and other alleged defects in the indictment and trial process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Watts’s PCR motion timely under the three-year limit? | Watts argues exceptions apply. | State contends no timely filing or applicable exception. | PCR time-bar upheld; no applicable exception shown. |
| Did Watts raise a voluntariness issue that would render the plea involuntary? | Watts contends the plea was involuntary due to lack of advisement. | Court questioned Watts and findings show voluntariness. | No reversible error; plea voluntary. |
| Did Watts receive ineffective assistance of counsel actionable under Strickland? | Counsel failed to inform minimum/maximum sentences and rights. | Record shows awareness of penalties and effective counsel. | No merit; insufficient showing of deficient performance or prejudice. |
| Was the indictment defective for failing to allege intent to steal? | Indictment allegedly defective in charging intent. | Indictment content, including willfulness, suffices; defects waived by guilty plea. | Procedurally barred; no merit. |
| Did the right to a speedy trial matter given the plea? | Watts claims speedy-trial violation due to counsel performance. | Guilty plea waived right to trial. | No error; waiver bars claim. |
Key Cases Cited
- Cherry v. State, 24 So.3d 1048 (Miss.Ct.App.2010) (ineffective-assistance affidavits insufficient without more)
- Renfrow v. State, 34 So.3d 617 (Miss.Ct.App.2009) (indictment may impose mens rea requirements warranting proof beyond reasonable doubt)
- Brooks v. State, 573 So.2d 1350 (Miss.1990) (non-jurisdictional defects in indictment are waived by guilty plea)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (standard for ineffective assistance of counsel)
- Roland v. State, 666 So.2d 747 (Miss.1995) (guilty-plea ineffective-assistance standard applies)
- Coleman v. State, 979 So.2d 731 (Miss.Ct.App.2008) (Strickland presumption of reasonable professional assistance)
- Vielee v. State, 653 So.2d 920 (Miss.1995) (affidavits alone usually insufficient to prove ineffective assistance)