Gladney v. State

963 So. 2d 1217, 2007 WL 1334284
CourtCourt of Appeals of Mississippi
DecidedMay 8, 2007
Docket2006-CA-00631-COA
StatusPublished
Cited by4 cases

This text of 963 So. 2d 1217 (Gladney 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
Gladney v. State, 963 So. 2d 1217, 2007 WL 1334284 (Mich. Ct. App. 2007).

Opinion

963 So.2d 1217 (2007)

Lamar GLADNEY, Appellant
v.
STATE of Mississippi, Appellee.

No. 2006-CA-00631-COA.

Court of Appeals of Mississippi.

May 8, 2007.
Rehearing Denied August 28, 2007.

*1218 Sylvia S. Owen, New Albany, attorney for Appellant.

Office of the Attorney General by Jacob Ray, attorney for appellee.

Before LEE, P.J., BARNES and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. Lamar Gladney was convicted by entering a plea of guilty in the Choctaw County Circuit Court for the crime of armed robbery. On appeal, he argues that his plea was invalid, denial of due process, ineffective assistance of counsel, excessive sentence, and cumulative error. Finding no error, we affirm the denial of Gladney's motion for post-conviction relief.

FACTS

¶ 2. On January 21, 2003, Gladney was indicted by a Choctaw County grand jury *1219 for the crime of armed robbery. Miss. Code Ann. § 97-3-79 (Rev.2006). The indictment resulted from Gladney's participation in a bank robbery in Ackerman, Mississippi. Gladney entered a guilty plea one month after being indicted. Gladney was seventeen years of age at the time of his conviction. In exchange for his plea, the State recommended that Gladney be imprisoned for thirty years and pay court costs and assessments. Other pending charges were retired to the files in Choctaw County. Counsel for Gladney also secured an agreement with the district attorney for Oktibbeha County to retire an additional charge pending against Gladney. Gladney was sentenced according to the recommendation of the State. He timely filed his motion for post-conviction relief. His appeal has been assigned to this Court.

DISCUSSION

¶ 3. In reviewing a denial of a petition for post-conviction relief, the factual findings of the trial court will be reversed only if they are clearly erroneous. Hannah v. State, 943 So.2d 20, 24(¶ 5) (Miss. 2006) (citations omitted). Questions of law are reviewed de novo. Id.

1. Denial of Due Process

¶ 4. In Gladney's statement of issues, he lists six instances where he argues he was denied due process of law. Each is not expounded upon with a correlating argument but most are included in the other arguments. The six arguments made concerning a denial of due process include: that the indictment failed to set out the judicial district where the crime occurred, excessive sentence because Gladney was influenced by an older co-defendant, failure of the trial judge to consider mitigating factors, such as his age, when sentencing Gladney, that the trial court incorrectly advised Gladney that he could not appeal his sentence, that the trial court incorrectly informed Gladney that he would not be eligible for early release or parole, and that there was an insufficient factual basis for the plea. Here, we address only the validity of the indictment, as the other concerns are addressed in the discussion below.

Validity of Indictment

¶ 5. Gladney argues that the indictment failed to set out the judicial district where the charge originated or where the crime was alleged to have occurred.

¶ 6. Gladney was indicted by a Choctaw County Circuit Court grand jury. The indictment charged in part that Gladney committed armed robbery "in Choctaw County Mississippi and within the jurisdiction of this Court" by robbing "Merchants and Farmers Bank located on Highway 15 North in Ackerman, Mississippi. . . ." Gladney does not support his contention beyond the mere allegation of the stated issue. After carefully reviewing the indictment we can find no defect that would have deprived the Choctaw County Circuit Court of jurisdiction over Gladney's case. Though we have found no defects in the indictment, we note that a valid guilty plea waives all non-jurisdictional defects in an indictment. Roby v. State, 861 So.2d 368, 371(¶ 11) (Miss.Ct.App.2003) (citing Brooks v. State, 573 So.2d 1350, 1352 (Miss.1990)); Richardson v. State, 769 So.2d 230, 233(5) (Miss.Ct.App.2000) (the only deficiency that survives waiver by a guilty plea is not including the essential elements of the crime or lack of jurisdiction).

2. Validity of Plea

¶ 7. Gladney argues that his plea is invalid because he was coerced and misinformed *1220 that if he did not enter a guilty plea that a jury would convict him, resulting in life imprisonment. Gladney supports his argument with two affidavits, one from his aunt and the other from his mother. Gladney's mother and aunt attest that Gladney's attorney informed him that if he did not enter a guilty plea he would go to trial and receive a sentence of life in prison. The affiants state that Gladney was reluctant to enter a guilty plea but did so at the beckoning of his family. There is also a statement about Gladney being told that the trial judge was in a hurry so Gladney would need to decide quickly whether he wanted to enter his guilty plea. We also address Gladney's due process arguments that the trial court incorrectly advised him that he could not appeal to the supreme court, incorrectly informed him that he would not be eligible for early release or parole, and that there was an insufficient factual basis for the plea.

¶ 8. In order for a trial court to accept a plea of guilty it must determine that there is a factual basis for the plea and that the defendant is entering the plea voluntarily and intelligently. Bennett v. State, 933 So.2d 930, 940(¶ 24) (Miss.2006) (citing URCCC 3.03(2)). A guilty plea is valid where it is entered into "voluntarily, knowingly, and intelligently, `with sufficient awareness of the relevant circumstances and likely consequences.'" Bradshaw v. Stumpf, 545 U.S. 175, 183, 125 S.Ct. 2398, 162 L.Ed.2d 143 (2005) (quoting Brady v. United States, 397 U.S. 742, 748, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970)). By entering a guilty plea, Gladney confessed to the actions as charged in the indictment and stipulated that the prosecution did not need to advance evidence of guilt. Florida v. Nixon, 543 U.S. 175, 187-88, 125 S.Ct. 551, 160 L.Ed.2d 565 (2004) (quoting Boykin v. Alabama, 395 U.S. 238, 242-43, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969)).

¶ 9. Prior to accepting Gladney's plea, the trial court examined Gladney. Gladney communicated to the trial judge that he had read and signed his petition to enter a plea of guilty, and that the statements in the petition were true. Gladney did not include that petition in the record. The trial judge then properly informed Gladney of the constitutional rights that he would waive by entering a guilty plea. The trial judge thoroughly informed him about his right to a jury trial and the presumption of his innocence. The trial judge informed Gladney that, if convicted, the minimum sentence would be three years' imprisonment and that a jury could fix his sentence at life imprisonment. Gladney was also informed that he would have a right to appeal a conviction by a jury, but that such rights would be waived by entering a plea of guilty. Gladney acknowledged that he understood all of this information and the rights he would waive.

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Bluebook (online)
963 So. 2d 1217, 2007 WL 1334284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gladney-v-state-missctapp-2007.