Jackson v. State

122 So. 3d 1220, 2013 WL 1114232, 2013 Miss. App. LEXIS 127
CourtCourt of Appeals of Mississippi
DecidedMarch 19, 2013
DocketNo. 2011-CP-01620-COA
StatusPublished
Cited by2 cases

This text of 122 So. 3d 1220 (Jackson 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
Jackson v. State, 122 So. 3d 1220, 2013 WL 1114232, 2013 Miss. App. LEXIS 127 (Mich. Ct. App. 2013).

Opinion

GRIFFIS, P.J.,

for the Court:

¶ 1. William Jackson appeals the dismissal of his motion for post-conviction collateral relief, “PCCR.” Jackson argues several issues that center on ineffective assistance of counsel, an involuntary guilty [1222]*1222plea, and the circuit court’s abuse of discretion when it denied Jackson’s motion to withdraw his guilty plea. -We find no error and affirm the circuit court’s judgment.

FACTS

¶ 2. Jackson was stopped on February 1, 2008, at a checkpoint set up by the Clarke County Sheriffs Department and the South Mississippi Narcotics Task Force. Jackson was asked for his driver’s license. Jackson stated that he did not have his license. The agent asked him for his driver’s license number. Jackson replied that did not know it. The agent then asked for his social security number. Jackson did not know that number either. Jackson produced a rental agreement that showed he had rented the vehicle from his girlfriend, who had rented it from an agency in Louisiana.

¶ 3. Jackson then consented to a search of the vehicle. During the search, agents located a large Tide detergent box. When they found the box, Jackson began to run. The Tide box contained about 11,996 pills of different colors. The tests from the Mississippi Crime Lab revealed that a representative sample of each color of pill all contained methamphetamine. Jackson claims the Tide box was left by previous renters of the vehicle in Louisiana.

¶ 4. Jackson was arrested and transported to the county jail. On February 4, 2008, an arrest warrant was issued for the charge of trafficking a Schedule II controlled substance, methamphetamine. The next day, Jackson had his initial appearance and posted bond. He was set to return to circuit court on February 25, 2008. Nothing happened on that date, but Jackson was set to return to court on August 25, 2008. On August 25, 2008, Jackson’s name was not on the docket, presumably because the grand jury had not indicted him.

¶ 5. On February 25, 2009, the grand jury indicted Jackson. On March 2, 2009, the Clarke County Sheriffs Office issued a warrant for Jackson’s arrest. On May 4, 2009, Jackson surrendered and entered a plea of not guilty. His trial date was set for October 28, 2009. He received several plea offers in the days leading up to the trial date.

¶ 6. On October 28, 2009, Jackson pled guilty with an Alford plea. See North Carolina v. Alford, 400 U.S. 25, 37, 91 5.Ct. 160, 27 L.Ed.2d 162 (1970). Based on the plea agreement, the district attorney agreed to certain sentencing recommendations: a sentence of thirty years, with ten years to serve, twenty years suspended, and five years of post-release supervision. On December 8, 2009, Jackson was to return to court for sentencing. The sentencing recommendation was based on Jackson’s timely appearance at the sentencing hearing and a clean record in the time between his plea and his sentencing. The circuit court also stated that if Jackson failed to appear for sentencing, then his plea would be taken as a blind plea.

¶ 7. Jackson failed to appear for his sentencing hearing. Jackson was arrested in Louisiana and extradited to Mississippi. His sentencing was set for June 24, 2010. At the sentencing hearing, Jackson moved to set aside or withdraw his guilty plea and to dismiss his counsel. Initially, the circuit court denied both motions. The circuit court sentenced Jackson to thirty years, with fifteen years suspended, followed by five years of post-release supervision. Then, the circuit court allowed Jackson’s counsel to withdraw.

¶ 8. Jackson is now before the court on his PCCR motion, which was filed on May 6, 2011. In the motion, Jackson alleged that there were several occasions he tried to contact his attorney and his attorney [1223]*1223was unresponsive. Jackson also alleged that the times he spoke to his attorney, his attorney did not know anything about his case and was not preparing for trial. Jackson alleged that the evening before the trial he was pressured into taking a plea deal because his attorney had failed to prepare a defense.

¶ 9. Jackson alleged that on his trial date he met his attorney outside of the courthouse and an argument ensued. Jackson alleged he told his attorney that he wanted a trial and was not going to take a plea. Jackson alleged that his attorney “pointed out the fact that regardless of his performance, or how [Jackson] felt about it, he was still without much of a defense, and that signing the plea petition was the best option under the circumstances.”

¶ 10. Jackson alleged that he then insisted on going to trial, and his attorney went back inside to tell the circuit court judge of Jackson’s decision. Jackson alleged that his attorney came back and said the judge was upset. His attorney stated that the judge said that if Jackson wanted a trial, it would be sometime in February 2010. Jackson alleged his attorney said that the judge said he would revoke Jackson’s bond and put him back in jail.

¶ 11. Jackson alleged his attorney next said that because of the “25% law,” he would actually serve only two and a half years. Jackson alleged that he hurriedly signed the plea petition without reading it and without a thorough explanation of it. Jackson alleged that on November 4, 2009, he told his attorney that he wanted to withdraw his plea. Jackson alleged his attorney said there was nothing he could do and hung up the phone. In the summer of 2010, Jackson’s attorney visited him a few times in jail to discuss Jackson’s options.

¶ 12. Jackson attached an affidavit from Jackson’s mother to his PCCR motion. Jackson’s mother stated that outside the courtroom on October 28, 2009, Jackson’s lawyer told him if he did not sign the plea agreement, his bond would be revoked and he would go back to jail. She stated that the lawyer said “the way the plea was written up that he would only get 10 years under the 25% law.” This is different from Jackson’s account of two and a half years. She stated that she and Jackson felt pressured, but did not state what they felt pressured to do.

¶ 13. On November 16, 2011, the circuit court issued an eighteen-page order that denied Jackson’s PCCR motion, finding the allegations lacked merit, and dismissed it as frivolous. Jackson filed his notice of appeal on November 28, 2011.

STANDARD OF REVIEW

¶ 14. We will not reverse a circuit court’s dismissal of a PCCR motion unless the circuit court’s decision was clearly erroneous. Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011) (citation omitted). When reviewing questions of law, this Court’s standard of review is de novo. Id. (citation omitted).

ANALYSIS

1. Involuntary Guilty Plea

¶ 15. Jackson argues that his plea was not voluntary. Jackson argues that: (1) the circuit court failed to explain the effects of a suspended sentence and supervised release; (2) the circuit court failed to inform him that by entering a guilty plea, he waived certain constitutional rights, such as the right to a speedy trial; and (3) his plea was produced by fear, coercion, and misinformation.

¶ 16. A guilty plea is enforceable only if entered voluntarily and intelli[1224]*1224gently. See Myers v. State, 583 So.2d 174, 177 (Miss.1991).

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Cite This Page — Counsel Stack

Bluebook (online)
122 So. 3d 1220, 2013 WL 1114232, 2013 Miss. App. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-state-missctapp-2013.