Christopher Benoman v. State of Mississippi

166 So. 3d 609, 2015 Miss. App. LEXIS 350, 2015 WL 3863521
CourtCourt of Appeals of Mississippi
DecidedJune 23, 2015
Docket2014-CP-01223-COA
StatusPublished
Cited by2 cases

This text of 166 So. 3d 609 (Christopher Benoman v. State of Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christopher Benoman v. State of Mississippi, 166 So. 3d 609, 2015 Miss. App. LEXIS 350, 2015 WL 3863521 (Mich. Ct. App. 2015).

Opinion

LEE, C.J.,

for the Court:

¶ 1. On- November 4, 2009, Christopher Benoman pleaded guilty in the Lauderdale County Circuit Court to two counts of lustful touching of a child. He was sentenced to fifteen years on each count, with the sentences to run concurrently. The trial court suspended both sentences and placed Benoman on five years’ supervised probation. Benoman was also ordered to pay a $1,000 fíne for each count, with both fines suspended, and $1,112.94 in restitution for the first count. On Fébruary 20, 2013, the trial court revoked Benoman’s probation for the commission of second-offense driving under the influence, driving on a suspended license, reckless driving, *610 and testing positive for marijuana. He was sentenced to fifteen years on each count of lustful touching, with the sentences to run concurrently. Benoman was ordered to pay $619.44 to the court for the first count and $1,619.50 to the court for the second count. On March 27, 2014, Benoman filed a motion for post-conviction relief (PCR). The trial court denied Beno-man’s motion. Benoman now appeals, asserting that (1) he was mentally incompetent at the time of his plea, (2) errors in the factual basis of his plea warrant relief, and (3) the court, in another action, erred in dismissing his claim for failure to state a claim.

STANDARD OF REVIEW

¶ 2. When reviewing a trial court’s denial or dismissal of a PCR motion, we will only disturb the trial court’s decision if it is clearly erroneous; however, we review the trial court’s legal conclusions under a de novo standard of review. Hughes v. State, 106 So.3d 836, 838 (¶ 4) (Miss.Ct.App.2012).

DISCUSSION

¶ 3. According to Mississippi Code Annotated section 99-39-5(2) (Supp.2014), a motion for post-conviction relief following a guilty plea shall be made “within three (3) years after entry of the judgment of conviction.” The judgment of conviction was entered on November 4, 2009. Benoman did not file his motion for relief within the statutory time period; thus, his motion for relief is time-barred, and no exceptions apply. . Notwithstanding the time-bar, we will address the merits of Benoman’s arguments.

I. COMPETENCY TO STAND TRIAL

¶ 4. Benoman argues that he was incompetent to stand trial because he had previously been diagnosed with “bipolar disorder or manic depression] and may have some issue of schizophrenia.” He also argues that his trial counsel was ineffective because he failed to request a psychiatric evaluation.

¶ 5. Uniform Rule of Circuit and County Court 9.06 states in part: “If before or during trial the court, of its own motion or upon motion of an attorney, has reasonable ground to believe that the defendant is incompetent to stand trial, the court shall order the defendant to submit to a mental examination.... ” Whether a reasonable ground exists “to believe that a defendant is incompetent to stand trial rests largely within the discretion of the trial judge.” Harden v. State, 59 So.3d 594, 601 (¶ 14) (Miss.2011) (quoting Goff v. State, 14 So.3d 625, 644 (¶ 66) (Miss.2009)). “On review, the pertinent question is whether ‘the trial judge received information which, objectively considered, should reasonably have raised a doubt about defendant’s competence and alerted him to the possibility that the defendant could neither understand the proceedings, appreciate their significance, nor rationally aid his attorney in his defense.” Id. (quoting Goff, 14 So.3d at 644 (¶ 66)).

¶ 6. At the plea colloquy, the following exchange occurred between the trial court, Benoman, and his trial counsel:

THE COURT: Now, as I understand it, you have been previously diagnosed with problems that have been called bipolar disorder or manic depressive type behavior and may have some issues of schizophrenia that you have seen or had treatment in the past; is that right?
THE DEFENDANT: Yes, sir.
THE COURT: Now today, I’m not a doctor, but you appear to be perfectly lucid and appropriate in your respons *611 es. I guess [ — ] although it doesn’t say so on your plea petition [ — ] you feel like you have got those conditions that were previously diagnosed under control and they are no longer affecting you at all here today?
THE DEFENDANT: No, sir, they are not.
THE COURT: So whatever problems that you have before have been resolved taken care of by treatment and medication?
THE DEFENDANT: Yes, sir.
THE COURT: And they are not affecting you at all here today?
THE DEFENDANT: No, sir.
THE COURT: Is that your observation, Mr. Evans?
THE DEFENDANT: It is, Your Hon- or.
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THE COURT: And based on your discussions with Mr. Benoman, are you satisfied that in both cases he is entering his plea of guilty, although it is an Alford plea, he is entering his plea of guilty[ ] freely and voluntarily and he understands the consequences of entering his pleas of guilty and he is competent [to] do so?
MR. EVANS: Yes, sir.
THE COURT: And we discussed a few minutes ago the previous diagnosis of mental issues, but you are confident that whatever he may have had in the past, that is not affecting his judgment to the extent that his ability to understand what is going on is impaired at all today?
MR. EVANS: Not at all.
THE COURT: Okay. Any questions, Mr. Benoman?
THE DEFENDANT: No, sir.
THE COURT: Okay. Then based on your sworn plea petitions, your statements here under oath in open court today, statements from your attorney Mr. Evans, as well as statements made by Lisa Howell here on behalf of the District Attorney’s office, I find that you understand the facts surrounding both of these lustful[-]touching charges, you understand the essential elements that would have to be proven to find you guilty in both cases, and you understand what the penalties could be imposed in both cases. Certainly, in both cases there is a factual basis to support your plea of guilty, and I find that it is obvious, since you are getting all suspended time here, that Mr. Evans has been effective in representing you as your attorney.
THE DEFENDANT: Yes, sir.

¶ 7. Based on the foregoing, we cannot say the trial court erred in accepting Be-noman’s guilty plea. At the plea colloquy, Benoman denied that his previous diagnoses were affecting him on the day of the plea. As part of his PCR motion, Beno-man submitted a letter dated December 17, 2002, from the East Mississippi State Hospital to the Kemper County Chancery Court. The letter recommended placing Benoman in a mental psychiatric unit to target his core problems, major depression and suicidal ideations.

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166 So. 3d 609, 2015 Miss. App. LEXIS 350, 2015 WL 3863521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-benoman-v-state-of-mississippi-missctapp-2015.