Gaskin v. State

618 So. 2d 103, 1993 WL 122683
CourtMississippi Supreme Court
DecidedApril 22, 1993
Docket91-KP-655
StatusPublished
Cited by69 cases

This text of 618 So. 2d 103 (Gaskin v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gaskin v. State, 618 So. 2d 103, 1993 WL 122683 (Mich. 1993).

Opinion

618 So.2d 103 (1993)

Robert GASKIN,
v.
STATE of Mississippi.

No. 91-KP-655.

Supreme Court of Mississippi.

April 22, 1993.

Robert Gaskin, pro se.

*104 Michael C. Moore, Atty. Gen., John R. Henry, Jr., Sp. Ass't. Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and SULLIVAN and BANKS, JJ.

BANKS, Justice, for the court:

Robert Gaskin appeals to this Court to have his guilty plea vacated. We find that as to each instance of claimed infirmity there is sufficient assurance in the record that his plea was knowingly, voluntarily and intelligently made. We therefore affirm.

More specifically, Gaskin entered a plea of guilty to charges of murder and armed robbery in the Warren County Circuit Court on January 17, 1990. He was sentenced to life in prison for the murder charge and forty years for the armed robbery charge. Gaskin now challenges the voluntariness of his plea. He contends that the circuit court's investigation into the factual basis for his plea and advice to him at his plea hearing failed to meet the standards set forth in Rule 3.03 of the Mississippi Uniform Rules of Circuit Court Practice and Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). Gaskin makes five specific contentions of error. He charges that: 1) the circuit court failed to find a factual basis for his plea of guilty; 2) the circuit court never advised him of the nature of the charges that he pleaded guilty to; 3) the circuit court failed to inform him of the critical elements of the crime that he pleaded guilty to; 4) the circuit court never advised him how the charges involved him; and 5) the circuit court did not correctly advise him of the minimum and maximum penalties provided by law for the crimes of which he was charged. Our review reveals that all of these contentions are either belied are either by the record or the supplemental record received from the Warren County Circuit Court or the record is sufficient to demonstrate that any failing was cured by other means.

I

As a result of incidents which are alleged to have occurred on July 29, 1989, Robert Gaskin was indicted by the Warren County Grand Jury on October 29, 1989 on charges of armed robbery and capital murder as an habitual offender. Gaskin pleaded not guilty to both these charges. Subsequently, pursuant to a plea arrangement, Gaskin was recharged in an information with murder and armed robbery. Gaskin then filed a petition to plead guilty to both charges and completed a sworn waiver of indictment for the Warren County Grand Jury. The petition stated that Gaskin was filing the petition in order to show and demonstrate to the Court that he was "knowingly, intelligently, understandingly, freely, and voluntarily entering [his] plea of guilty." The petition contained the following statements in relevant part:

Paragraph 2. I have been served with a copy of the information in the above cause of this court charging me with committing the crimes of armed robbery and murder on July 29, 1989, when it is alleged that I did willfully, unlawfully and feloniously take from the person of Mitchell S. White against his will by violence to his person with a deadly weapon, and that I did willfully, unlawfully, feloniously, and with deliberate design kill Mitchell S. White, a human being, without authority of law. That I have read the information and discussed it fully with my attorneys. That I understand the charges against me, and I understand the maximum sentence for the crime of armed robbery is imprisonment in the state penitentiary for any term not less than three (3) years nor exceeding the life expectancy of the defendant, and I understand that the maximum sentence for the crime of murder is life imprisonment, and that the sentences for both crimes may be set to run consecutively, one after the other, with each other.
* * * * * *
Paragraph 5. I understand that the State will recommend at most a sentence of forty (40) years for the crime of armed robbery and a sentence of life imprisonment *105 for murder, to run consecutively, one after the other.
Paragraph 6. I am pleading guilty to the two crimes charging me with the crime of armed robbery and murder because I am guilty, and for no other reason. I understand that the court is not bound by the recommendation of the State, and that the court will determine what my sentence will be, and that the sentence could be the maximum by law. Therefore, taking everything into account, I hereby enter my plea of guilty to both crimes charging me with the crimes of armed robbery and murder.

A hearing was held to determine whether the court would accept Defendant's plea. During the hearing, the following colloquy, pertinent to the issues raised, took place between the court and the parties at this hearing:

BY THE COURT: Mr. Gaskin, do you understand the charge against you and the recommendation of the State?
BY MR. GASKIN: Yes, sir.
* * * * * *
Q. Do you fully understand the consequences of your act in pleading guilty to the charge; that is, do you understand that you are admitting that you did, in fact, commit this crime of armed robbery and murder?
A. Yes, sir.
* * * * * *
... BY THE COURT [TO COUNSEL FOR DEFENDANT]: Have you talked with [Mr. Gaskin] today?
BY MR. BULLARD: Yes, your Honor.
BY MR. PERRIER: Yes, your Honor.
... BY THE COURT: From your observation of him, do you think he fully understands what he is doing at this time?
BY MR. BULLARD: Yes, your Honor.
BY MR. PERRIER: Yes, your Honor.
BY THE COURT: Have you advised the Defendant of all his constitutional rights?
BY MR. BULLARD: Yes, your Honor. We have advised Mr. Gaskin of all his constitutional rights.
BY THE COURT [To the Defendant]: Mr. Gaskin, are you satisfied with the services of your attorneys?
A. Yes, sir.
Q. Have they threatened you in any manner, or promised you anything in order to get you to plead guilty?
A. No, sir.
Q. Do you believe that your attorneys have properly advised you on your plea?
A. Yes, sir.
Q. Do you believe they have properly represented you in this case?
A. Yes, sir.
Q. Mr. Gaskin, I have attempted to question you thoroughly about your plea of guilty and to be satisfied that you are fully acquainted with your rights. Do you still wish to plead guilty?
A. Yes, sir.
Q. Is there anything further you want to say to the Court at this time?
A. No, sir.

The court then found that Gaskin's plea of guilty was intelligently and understandingly made. Accordingly, it accepted the plea. The court also accepted the sentencing recommendation of the District Attorney for the charges of murder and armed robbery. Gaskin was thereby sentenced to life in prison on the charge of murder forty years on the charge of armed robbery. The sentences were set to run consecutively.

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Bluebook (online)
618 So. 2d 103, 1993 WL 122683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaskin-v-state-miss-1993.