Easley v. State

60 So. 3d 812, 2011 WL 1549242
CourtCourt of Appeals of Mississippi
DecidedApril 26, 2011
DocketNos. 2009-CP-01559-COA, 2010-CP-00507-COA
StatusPublished
Cited by4 cases

This text of 60 So. 3d 812 (Easley 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
Easley v. State, 60 So. 3d 812, 2011 WL 1549242 (Mich. Ct. App. 2011).

Opinion

GRIFFIS, P.J.,

for the Court:

¶ 1. Darrel Dewayne Easley appeals the Calhoun County Circuit Court’s denial of his motion for post-conviction collateral relief. He claims that he was improperly sentenced as a habitual offender because: (1) his plea petition was changed to include the word “habitual” at some point after he had signed the petition; (2) the State failed to prove his prior convictions; and (3) his sentence is illegal. We find no error and affirm.

FACTS

¶ 2. Easley was indicted as a habitual offender on two counts of burglary of a dwelling pursuant to Mississippi Code Annotated section 97-17-23(1) (Rev.2006) and five counts of grand larceny pursuant to Mississippi Code Annotated section 97-17-41(1) (Supp.2010). The indictment alleged that Easley had two prior felony convictions in Arkansas.

¶ 3. On August 8, 2006, Easley entered a guilty plea to all of the charges in the indictment. His sentencing order was filed in the circuit court on September 9, 2006. He was sentenced to twenty years in the custody of the Mississippi Department of Corrections (“MDOC”) with [814]*814twelve years suspended and eight years to serve on each of the two burglary counts. He was sentenced to ten years in the custody of the MDOC with two years suspended and eight years to serve on each of the five counts of grand larceny. His sentences under each count are to run concurrently. Easley was also placed on five years of post-release supervision.

¶ 4. On September 9, 2009, Easley, represented by counsel, filed his motion for post-conviction collateral relief. In that motion, Easley stated that, at some point after he had entered his guilty plea, “the Petition To Enter Plea of Guilty was altered by the addition of the word ‘habitual.’ ” The only relief requested in the motion was that the habitual-offender status be removed from Easley’s sentence and the records of the MDOC.1

¶ 5. The circuit court found that the transcript of the guilty-plea proceedings made clear that Easley had knowingly pleaded guilty as a habitual offender. Easley’s motion was denied on September 14, 2009.

¶ 6. Easley filed his second motion for post-conviction collateral relief on November 10, 2009. Easley stated that his first motion had been filed by his attorney on his attorney’s own initiative. Easley further asserted that the first motion failed to state a claim that he had received an illegal sentence. The circuit court found that Easley’s second motion was both time-barred and barred as a successive writ. The motion was denied on February 25, 2010.

¶ 7. Easley now appeals the denial of both motions for post-conviction relief. The two appeals have been consolidated for our review.

STANDARD OF REVIEW

¶ 8. “In reviewing a trial court’s decision to deny a motion for post-conviction relief, the standard of review is clear. The trial court’s denial will not be reversed absent a finding that the trial court’s decision was clearly erroneous.” Smith v. State, 806 So.2d 1148, 1150 (¶ 3) (Miss.Ct.App.2002). However, when reviewing issues of law, this Court’s proper standard of review is de novo. Brown v. State, 731 So.2d 595, 598 (¶ 6) (Miss.1999).

ANALYSIS

1. Addition of the Word “Habitual” to Easley’s Plea Petition-

¶ 9. Easley argues that he was improperly sentenced as a habitual offender. Easley makes it quite clear that he does not claim that he involuntarily pleaded guilty. Instead, he claims that he did not voluntarily enter a guilty plea as a habitual offender. Upon our review of the record in this case, we are unconvinced by this argument.

¶ 10. First, Easley argues that he was improperly sentenced as a habitual offender because the word “habitual” did not appear in the plea agreement portion of his petition to enter a guilty plea at the time he signed the petition. Easley contends that this word was added by someone unknown to him at some point after he had signed the petition. He cites the following exchange during the plea hearing in support of this argument:

BY THE COURT: I had somewhere that this was habitual. It’s not in the plea petition.
[COUNSEL FOR DEFENDANT]: It’s in the indictment.
[815]*815BY THE COURT: Is it habitual years you are recommending?
([Counsel for the State] nodded his head up and down.)
[COUNSEL FOR DEFENDANT]: That’s what the agreement was.
BY THE COURT: ... As stated earlier, these are all habitual cases. You pled guilty as an [sic] habitual offender, and the Court sentences you as an [sic] habitual offender to the time previously imposed.

(Emphasis added). However, the circuit court’s statement that Easley’s habitual status was not in the plea petition does not prove that Easley was unaware that he would be sentenced as a habitual offender.

¶ 11. Under each of the seven counts in Easley’s indictment, Easley was charged as a habitual offender. The language of the indictment set forth the details of Eas-ley’s two prior felony convictions, which occurred in Arkansas, and it specifically cited Mississippi Code Annotated section 99-19-81 (Rev.2007) — the statutory basis for charging Easley as a habitual offender.

¶ 12. In his signed plea petition, Easley admits his guilt as to all the charges in the indictment, which clearly charged him as a habitual offender. Easley’s plea petition further states: “My lawyer has advised me of the elements of the charge to which I am pleading. I submit that all the elements are proven by the true facts. Therefore, I am guilty and ask the court to accept my plea of guilty.”

¶ 13. Furthermore, the following exchange occurred between the circuit judge and Easley during the plea hearing:

Q: If the Court accepts your guilty plea here today, the crime that you are pleading guilty to will go on your record as a felony or 7th felony. You need to be aware that we have a law in Mississippi call[ed] the Habitual Offender’s Act. It’s also referred to [as] the three-strikes law or the three-time loser law. There are similar laws on the books in many other states and in other jurisdictions.
Under this particular law if you are charged with a third or subsequent felony in your lifetime and if you are indicted as an [sic] habitual offender, if you are then convicted and indicted as [a] habitual offender, you would be sentenced to serve every day of your sentence without the possibility of early release, probation, or parole; and if one or more of those felonies is a crime of violence and you are indicted and convicted as an [sic] habitual offender, you would be sentenced to serve the remainder of your li[f]e in the penitentiary without the possibil-it[y][of] early release, probation, or parole.
And, furthermore, in your case you were indicted as an [sic] habitual offender and your plea, according to your documentation, is being offered as an [sic] habitual offender, which means that you will serve day for day any sentence the Court imposes on you here today. Do you understand this?
A: Yes, sir.

(Emphasis added).

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Cite This Page — Counsel Stack

Bluebook (online)
60 So. 3d 812, 2011 WL 1549242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easley-v-state-missctapp-2011.