119 So. 3d 404
Miss. Ct. App.2013Background
- Williams pled guilty to aggravated domestic violence on Nov 18, 2010; sentenced to 20 years with 15 to serve and 5 years PRS.
- PCR filed Sept 20, 2011 and summarily dismissed Apr 13, 2012.
- Williams was indicted May 26, 2010 on one count each of rape, felon in possession of a firearm, aggravated domestic violence, and kidnapping.
- April 15, 2009 incident involved Williams attacking Lakivia Greenleaf, mother of his two children.
- Plea colloquy included agreement that facts shown by State supported aggravated domestic violence; handgun language was disputed but not essential to the plea.
- Record shows Greenleaf, pregnant at the time, injured requiring medical treatment; appellate issues focus on indictment, plea, sentencing, and post-conviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the indictment become substantively amended by the plea proceeding? | Williams contends the plea qualified his admission, removing handgun language and effectively amending the indictment. | State argues no substantive amendment occurred; handgun language remained and plea can be accepted under Alford-like structure. | No substitution of the indictment; no merit to amendment claim. |
| Was it proper to plead guilty to aggravated domestic violence with hands when indicted with a handgun? | Handgun use was the basis in the indictment; Williams supposedly should plead to simple domestic violence only. | Weapon use not required; hands may constitute means likely to produce death or serious bodily harm; solemn in-court admissions support validity. | Hand use suffices; plea valid despite handgun dispute. |
| Is the 20-year sentence for aggravated domestic violence within constitutional limits when evidence appeared insufficient to support aggravated assault? | Sentence is cruel and unusual given the factual record. | Maximum sentence of 20 years authorized; trial court has discretion; no appellate review intrusion. | Sentence within statutory limits; no merit. |
| Did the trial court illegally amend the indictment or reduce the charged offense after dismissal of deadly weapon language? | Indictment alteration and charge reduction improper. | Record shows no improper amendment or reduction; adjustments were permissible under plea context. | No improper amendment or reduction. |
| Did the trial court err in not granting an evidentiary hearing on post-conviction relief and related speedy-trial/ineffective-assistance claims? | PCR should have an evidentiary hearing on the asserted issues, including speedy-trial concerns. | Waiver via guilty plea defeats speedy-trial and ineffective-assistance claims; evidentiary hearing not warranted. | Summary dismissal affirmed; no need for evidentiary hearing. |
Key Cases Cited
- State v. Santiago, 773 So.2d 921 (Miss. 2000) (PCR may be summarily dismissed when no relief is due)
- Russell v. State, 73 So.3d 542 (Miss. Ct. App. 2011) (de novo review for questions of law)
- Nick v. State, 62 So.3d 409 (Miss. Ct. App. 2010) (waiver of speedy-trial rights by guilty plea defeats ineffective-assistance claim)
- Madden v. State, 991 So.2d 1231 (Miss. Ct. App. 2008) (ineffective assistance requires showing prejudice)
- Fulton v. State, 844 So.2d 1171 (Miss. Ct. App. 2003) (valid guilty plea waives non-jurisdictional rights including speedy trial)
- Anderson v. State, 577 So.2d 390 (Miss. 1991) (waiver of rights by plea)
- Sellers v. State, 108 So.3d 456 (Miss. Ct. App. 2012) (use of weapon not always required for aggravated domestic violence)
- Jackson v. State, 594 So.2d 20 (Miss. 1992) (elements of aggravated assault and related standards)
- Sim s v. State, 102 So.3d 1227 (Miss. Ct. App. 2012) (Alford plea context in Mississippi)