Ford v. State

911 So. 2d 1007, 2005 WL 2358094
CourtCourt of Appeals of Mississippi
DecidedSeptember 27, 2005
Docket2004-CP-01221-COA
StatusPublished
Cited by9 cases

This text of 911 So. 2d 1007 (Ford 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
Ford v. State, 911 So. 2d 1007, 2005 WL 2358094 (Mich. Ct. App. 2005).

Opinion

911 So.2d 1007 (2005)

Roosevelt FORD a/k/a 44, Appellant
v.
STATE of Mississippi, Appellee.

No. 2004-CP-01221-COA.

Court of Appeals of Mississippi.

September 27, 2005.

*1009 Roosevelt Ford, Appellant, pro se.

Office of the Attorney General by W. Glenn Watts, attorneys for appellee.

Before BRIDGES, P.J., GRIFFIS and BARNES, JJ.

BARNES, J., for the Court.

¶ 1. Roosevelt Ford pled guilty in the Circuit Court of Coahoma County to burglary of a building other than a dwelling. Ford appeals the circuit court's denial of post-conviction relief, arguing (1) that his original indictment was defective, (2) that his indictment was improperly amended, (3) that his guilty plea was not entered knowingly and voluntarily, and (4) that he received ineffective assistance of counsel. We find that the circuit court was not in error for dismissing Ford's petition for post-conviction relief. Consequently, we affirm.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. After pleading guilty to the charge of burglary of a building other than a dwelling, Roosevelt Ford was sentenced by the Circuit Court of Coahoma County to two and one-half years in the custody of *1010 the Mississippi Department of Corrections. Aggrieved, Ford filed a motion to vacate and set aside his conviction and sentence, which the circuit court initially denied without addressing the merits of Ford's contentions. The court held that it no longer had the authority to amend or alter Ford's sentence, and that Ford had failed to comply with the dictates of the Mississippi Uniform Post-Conviction Collateral Relief Act, Miss.Code Ann. § 99-39-1 et seq. However, in denying Ford's motion, the circuit judge provided no findings to support his conclusions. From the denial of his motion to vacate and set aside his conviction and sentence, Ford appealed to this Court. Both Ford and the State argued the merits of the denial of post-conviction relief as if the judge had ruled on the merits of Ford's claim. We remanded the matter to the circuit court for the limited purpose of requiring the circuit judge to make findings in support of his conclusion that Ford's motion did not comport with the Mississippi Uniform Post-Conviction Collateral Relief Act. Our order also provided that if on remand the court found that the motion should have been treated as a matter of post-conviction relief, then it should make findings of fact and conclusions of law as appropriate.

¶ 3. On remand, the court stated that its decision to deny relief had been based on the fact that Ford failed to follow the requirements of sections 99-39-9(1)(d) and (e) of the Mississippi Code in that Ford's motion had contained neither a separate, sworn statement of facts within his knowledge nor a separate statement of facts not within his knowledge. However, "[i]n an abundance of caution," the court proceeded to address the merits of Ford's motion. The court held that Ford's guilty plea had been entered knowingly and voluntarily and that he had not suffered from ineffective assistance of counsel. Notably, the circuit judge did not address whether Ford's original indictment was defective, or whether the indictment had been improperly amended.

WHETHER THE CIRCUIT COURT ERRED IN DENYING FORD'S MOTION FOR POST-CONVICTION RELIEF

Standard of Review

¶ 4. Our standard of reviewing a trial court's denial of post-conviction relief is well settled: The circuit judge's rulings on findings of fact will not be disturbed unless clearly erroneous; however, questions of law are reviewed de novo. Robinson v. State, 904 So.2d 203, 204 (¶ 3) (Miss. Ct.App.2005) (citing Brown v. State, 731 So.2d 595, 598 (¶ 6) (Miss.1999)). While the issues of whether Ford's plea was knowingly and voluntarily entered and whether Ford suffered from ineffective assistance of counsel are questions of fact, whether Ford's indictment was defective is a question of law. See Williams v. State, 772 So.2d 406, 408 (¶ 8) (Miss.Ct.App.2000) (citing Peterson v. State, 671 So.2d 647, 652 (Miss.1996)). Accordingly, we address the indictment issues de novo.

a. Whether the circuit court erred in finding that Ford's motion failed to meet the requirements of the Mississippi Uniform Post-Conviction Collateral Relief Act

¶ 5. It was within the lower court's discretion to deny Ford's motion for failing to comply with sections 99-39-9(1)(d) and (e) of the Mississippi Code. The absence of a sworn statement of facts in a motion for post-conviction relief is sufficient reason to deny the motion. Newson v. State, 816 So.2d 1035, 1037(¶ 5) (Miss.Ct. App.2002) (citing Robertson v. State, 669 So.2d 11, 13 (Miss.1996)). However, it appears to this Court that notwithstanding these omissions, Ford's motion substantially *1011 complied with the requirements for a motion for post-conviction relief.

¶ 6. Section 99-39-9 of the Mississippi Code sets forth the formal requirements of a motion for post-conviction relief. See Miss.Code Ann. § 99-39-9 (Supp.2004). In consideration of section 99-39-9(4), only substantial compliance is needed to meet the requirements for a motion of post-conviction relief. See, e.g., McDougle v. State, No. 2003-CP-01417-COA, ___ So.2d ___, 2005 WL 1154203 (¶¶ 10-11) (Miss. Ct.App. May 17, 2005). Further, though empowered to do so under section 99-39-9(4), the court did not return the motion to Ford as failing to substantially comply with the provisions of section 99-39-9. See Miss.Code Ann. § 99-39-9(4) (Supp. 2004). In light of these facts, we find that Ford's motion substantially complied with the requirements of section 99-39-9, and that the circuit court properly acted on the merits of Ford's motion for post-conviction relief on remand.

b. Whether Ford's guilty plea was entered knowingly and voluntarily

¶ 7. In denying Ford's motion to vacate and set aside his sentence, the court noted on remand that there was nothing in the record to indicate that Ford's guilty plea was not given knowingly and voluntarily. The court below found that Ford signed a notarized petition in which he declared that he understood his constitutional rights to, inter alia, a speedy and public trial, to confrontation of witnesses, to testify in his own defense and to a jury verdict. Furthermore, Ford acknowledged in the petition that he had not been compelled or induced by any person to enter his plea of guilty. He stated that he offered his plea "freely and voluntarily and with full understanding of all matters set forth in the indictment," and that the plea was made with the advice and consent of his attorney. Ford's petition also stated the minimum and maximum sentences for the crime of burglary of a building other than a dwelling.

¶ 8. The court also noted that at the guilty plea hearing, Ford heard the explanation of the charge against him and admitted that he committed the crime with which he was charged. The circuit judge explained the minimum and maximum sentence for the crime, and Ford said he was aware of the punishment he could face. Furthermore, Ford acknowledged that his attorney had informed him of his constitutional rights and stated that he understood them.

¶ 9.

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Bluebook (online)
911 So. 2d 1007, 2005 WL 2358094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-state-missctapp-2005.