Ealey v. State

967 So. 2d 685, 2007 WL 3151690
CourtCourt of Appeals of Mississippi
DecidedOctober 30, 2007
Docket2006-CP-00552-COA, 2006-KP-01349-COA
StatusPublished
Cited by15 cases

This text of 967 So. 2d 685 (Ealey v. State) 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
Ealey v. State, 967 So. 2d 685, 2007 WL 3151690 (Mich. Ct. App. 2007).

Opinion

967 So.2d 685 (2007)

Kevin Wayne EALEY a/k/a Kevin Ealey, Appellant,
v.
STATE of Mississippi, Appellee.
Kevin Wayne Ealey a/k/a Kevin Ealey, Appellant,
v.
State of Mississippi, Appellee.

Nos. 2006-CP-00552-COA, 2006-KP-01349-COA.

Court of Appeals of Mississippi.

October 30, 2007.

*687 Kevin Wayne Ealey, appellant, pro se.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

EN BANC.

CARLTON, J., for the Court.

¶ 1. In March 2003, Kevin Ealey entered a guilty plea in the Circuit Court of Adams County for possession of cocaine. Ealey filed a motion for post-conviction relief which was summarily denied. Ealey appeals pro se and argues (1) that his guilty plea lacked a factual basis, (2) that he was denied effective assistance of counsel, (3) that the search which yielded the cocaine was unlawful, and (4) that he was not in constructive possession of the cocaine. We find no error and affirm.

FACTS

¶ 2. In July 2002, Ealey, a prior convicted felon, was riding in the back seat of a rented vehicle occupied by three other men. The four stopped at Taste of Chicago in Natchez, Mississippi, and two of them went inside the restaurant, leaving the driver, Tramelle Wallace, and Ealey in the vehicle. Narcotics officers from Adams County then pulled alongside the vehicle. The ensuing search yielded the following: (1) $11,000 found on Wallace's person, (2) 540 grams of cocaine and $25,000 found inside the center console between the two front seats, (3) a handgun found behind the driver seat, and (4) a receipt for the purchase of baking soda and "baggies."

¶ 3. On October 29, 2002, Ealey was indicted in the Circuit Court of Adams County for possession of cocaine with intent to sell in a church zone. Ealey filed a motion to suppress and a suppression hearing was held, at which Ealey challenged the legality of the search of the vehicle. At this hearing, Officer Jerry Brown, one of the officers present at the search, testified regarding the search and the evidence derived therefrom including the 540 grams of cocaine, $36,000 in cash, the handgun, and the receipt for the purchase of baking soda and "baggies." He also testified that Ealey and Wallace were from Houston, Texas, and that they claimed they were staying in Vidalia, Louisiana, with some friends and were in Natchez, Mississippi, only to get a hamburger at the Taste of Chicago. Officer Brown also stated that neither Ealey nor the driver were able to name the friends that they were allegedly staying with.

¶ 4. The trial judge denied Ealey's motion to suppress, whereupon a plea bargain agreement was reached between Ealey and the district attorney that Ealey would plead guilty to a reduced charge of simple possession of cocaine. On March 11, 2003, a hearing was held to determine whether the trial court would accept Ealey's plea. During the plea colloquy the following relevant discussion took place.

*688 COURT: Okay, All right. Now, are each of you pleading guilty because you are, in fact, guilty of this charge of possession of cocaine on July 25, 2002? Are you, in fact, guilty of your part in this crime, Mr. Ealey? Mr. Ealey, let me advise you about the nature of the law about this. Of course, I have heard a lot by way of motions and everything, but under the law, regardless of where initially it came from or who bought it or what, you were in the vehicle?
EALEY: Yes.
COURT: If you were aware of its presence in the vehicle in there and that, then under the law, that would be sufficient, but I don't want you pleading guilty to something you are not guilty, but I heard evidence about the search and everything and you being in the vehicle. So are you guilty of knowing that these drugs were in this vehicle?
EALEY: I didn't know, but I am guilty. I don't know how to say it or what to say.
. . . .
COURT: Before I can take a plea, you have to acknowledge your guilt to me, and, again, I don't want to do that if that's not what the situation is, but you have to decide whether or not you are guilty of this offense and you want to plead guilty, or, if you want a trial, [we can go] ahead and proceed with a trial in this case.
EALEY: Guilty.
COURT: Why don't you tell me in your own words what happened Mr. Ealey.
EALEY: I don't want to —
COURT: Do what?
EALEY: I don't want to go to trial. I'll lose and then I get all them years. That's why I'll go on and plead now.
EALEY'S ATTORNEY: Your Honor, may I speak with him for a minute?
COURT: Yes. The Court is going to take a short recess.
[Following the recess]
COURT: All right. Now Mr. Ealey and Mr. Wallace, the Court is going to ask you again. Are you pleading guilty to this charge because y'all are, in fact, guilty of this offense? Now, Mr. Ealey, are you pleading guilty because you are guilty?
EALEY: Yes, sir.

¶ 5. The trial court then asked Ealey's attorney if he was "satisfied from the evidence that there is a factual basis for this plea?" He responded that he was. The trial court then asked the State if a factual basis existed "as set out in the hearing and in other matters that have come up before this Court?" The State responded, "It does have such a basis, your honor." After this discussion, whereby the trial judge acknowledged the evidence from the suppression hearing and the defendant, after a recess with his attorney, unequivocally admitted his guilt, the trial court accepted Ealey's plea of guilty. Ealey was sentenced to twenty years imprisonment with five years suspended and five years of post-release supervision and ordered to pay a fine of $10,000 plus all court costs and fees.

¶ 6. On October 19, 2004, Ealey filed a motion for post-conviction relief. In his motion, Ealey argued (1) that he was denied effective assistance of counsel, (2) that his guilty plea lacked a factual basis, and (3) that he was not in constructive possession of the cocaine. The trial court summarily denied his motion. Aggrieved by the trial court's ruling, Ealey appeals.

STANDARD OF REVIEW

¶ 7. On appeal from the denial of a motion for post-conviction relief, we will not disturb the trial court's decision unless *689 we find the decision to be clearly erroneous. Felder v. State, 876 So.2d 372, 373(¶ 4) (Miss.2004). However, questions of law are reviewed de novo. Brown v. State, 731 So.2d 595, 598 (Miss.1999).

DISCUSSION

1. Factual Basis for Guilty Plea

¶ 8. Ealey asserts that the trial court's acceptance of his guilty plea was devoid of a factual basis. Specifically, Ealey contends that the testimony given at the plea hearing was insufficient to form a factual basis for the acceptance of his guilty plea. The State responds that, in addition to testimony given at the guilty plea hearing, the trial judge had before him facts brought forth at the suppression hearing, which was conducted the day before the plea hearing. The State argues that the facts adduced from these two sources were adequate to provide the factual basis necessary for the trial judge to accept Ealey's plea.

¶ 9. Prior to accepting a plea of guilty, the trial court is required to determine "that there is a factual basis for the plea." URCCC 8.04(A)(3). The reason for the rule is:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dahne Jones v. State of Mississippi
270 So. 3d 1055 (Court of Appeals of Mississippi, 2018)
John Bevalaque v. State of Mississippi
196 So. 3d 1149 (Court of Appeals of Mississippi, 2016)
Hargrave v. Diaz
178 So. 3d 587 (Louisiana Court of Appeal, 2015)
Bobby Eugene Epps v. State of Mississippi
161 So. 3d 158 (Court of Appeals of Mississippi, 2014)
Holder v. State
137 So. 3d 884 (Court of Appeals of Mississippi, 2013)
Rigdon v. State
126 So. 3d 931 (Court of Appeals of Mississippi, 2013)
Bell v. State
117 So. 3d 661 (Court of Appeals of Mississippi, 2013)
Adams v. State
117 So. 3d 674 (Court of Appeals of Mississippi, 2013)
Thomas v. State
65 So. 3d 341 (Court of Appeals of Mississippi, 2011)
Dowdle v. State
57 So. 3d 32 (Court of Appeals of Mississippi, 2011)
Conlee v. State
23 So. 3d 535 (Court of Appeals of Mississippi, 2009)
Bliss v. State
2 So. 3d 777 (Court of Appeals of Mississippi, 2009)
Hamberlin v. State
995 So. 2d 142 (Court of Appeals of Mississippi, 2008)
Leech v. State
994 So. 2d 850 (Court of Appeals of Mississippi, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
967 So. 2d 685, 2007 WL 3151690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ealey-v-state-missctapp-2007.