126 So. 3d 992
Miss. Ct. App.2013Background
- Williams was indicted for burglary of a dwelling (retired one count), burglary with enhanced punishment, and aggravated assault with enhanced punishment based on the victim being over 65.
- On November 10, 2010, Williams signed a sworn plea petition and entered open guilty pleas to the burglary (enhanced) and aggravated assault (enhanced); he acknowledged giving a videotaped confession.
- Sentenced December 16, 2010: 25 years for burglary and an enhanced, consecutive 40-year term for aggravated assault.
- Williams filed a first PCR in August 2012 (dismissed on the merits) and a second PCR in January 2013; the circuit court dismissed the second as a successive writ under the UP-CCRA.
- On appeal Williams challenged voluntariness of his confession/pleas, ineffective assistance of counsel, insufficiency of evidence for aggravated assault, and that the 40-year sentence was illegal.
Issues
| Issue | Williams' Argument | State's Argument | Held |
|---|---|---|---|
| Voluntariness of video confession and guilty pleas | Confession and pleas coerced by false promises, prolonged interrogation, and deprivation | Sworn plea petition and in-court statements show pleas/confession were voluntary; bare allegations insufficient | Court rejected Williams' claim; pleas/confession found voluntary and intelligent |
| Ineffective assistance of counsel | Counsel failed to investigate interrogation conditions and victim statements | Record lacks evidentiary support; strategic decisions presumed reasonable; bare affidavit insufficient | Claim fails for lack of proof under Strickland; waived except as pleaded and not shown |
| Sufficiency of evidence for aggravated assault (97-3-7(2)(a)) | No weapon, only blows; injuries not serious — at most simple assault | Investigative report and victim testimony show repeated blows, fractures, permanent injury; plea waived evidentiary challenges | Court holds evidence (and plea) support aggravated assault; sufficiency challenge waived by plea |
| Legality of 40-year enhanced sentence | 40 years exceeds §97-3-7(2) maximum of 30 years for victim 65+ | Indictment and sentencing relied on §97-3-7(2)(a) (20-year max) with elderly-enhancement statutes that permit doubling; 40 years authorized | Sentence not illegal: 20-year base doubled by enhancement statutes to 40 years is authorized |
Key Cases Cited
- Boyd v. State, 65 So.3d 358 (Miss. Ct. App. 2011) (standard of review for PCR denials)
- Brooks v. State, 573 So.2d 1350 (Miss. 1990) (plea waives nonjurisdictional defects; bare allegations insufficient in PCR)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Vielee v. State, 653 So.2d 920 (Miss. 1995) (affidavit-only ineffective-assistance claims are insufficient in PCR)
- Ward v. State, 879 So.2d 452 (Miss. Ct. App. 2003) (sworn plea petitions can be used to discredit post-plea claims)
- Bright v. State, 986 So.2d 1042 (Miss. Ct. App. 2008) (weapon not required to support aggravated assault where conduct likely to produce serious injury)