Jaime Albert a/k/a Jamie Albert v. State of Mississippi

CourtCourt of Appeals of Mississippi
DecidedOctober 3, 2023
Docket2022-CA-00374-COA
StatusPublished

This text of Jaime Albert a/k/a Jamie Albert v. State of Mississippi (Jaime Albert a/k/a Jamie Albert v. State of Mississippi) 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
Jaime Albert a/k/a Jamie Albert v. State of Mississippi, (Mich. Ct. App. 2023).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2022-CA-00374-COA

JAIME ALBERT A/K/A JAMIE ALBERT APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 03/15/2022 TRIAL JUDGE: HON. W. ASHLEY HINES COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: NICK CRAWFORD VICKI L. GILLIAM ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF DISPOSITION: AFFIRMED - 10/03/2023 MOTION FOR REHEARING FILED:

EN BANC.

SMITH, J., FOR THE COURT:

¶1. Jamie Albert pled guilty to a four-count indictment charging him with three counts of

sexual battery and one count of fondling. The circuit court imposed the sentences agreed

upon by the State and Albert: concurrent terms that totaled twenty years, with a portion of

each sentence suspended, leaving him with six years to serve in custody. Albert subsequently

filed a motion for post-conviction collateral relief (PCR), requesting that the circuit court

vacate all four of his convictions and sentences and set aside his guilty plea to the indictment

as a whole. The court granted his PCR motion in part, vacating his convictions and sentences

for the three counts of sexual battery, and the court denied his motion in part, affirming his

conviction and sentence for the one count of fondling. The State did not appeal from the order. Albert appeals the circuit court’s denial of his PCR motion on the fondling charge.

Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. A Washington County grand jury indicted Albert on three counts of sexual battery and

one count of fondling. Albert appeared before the Washington County Circuit Court on April

6, 2021, and initially began the process for a jury trial. However, right after the jury was

brought into the courtroom, he decided to accept a plea bargain previously offered by the

State. Albert presented his plea petition to the circuit court and entered a guilty plea to each

of the charges in the indictment. Consistent with the agreement between the State and Albert,

the court sentenced him to twenty years in custody for each sexual battery conviction, set to

run concurrently, with six years to serve in the custody of the Mississippi Department of

Corrections (MDOC) and fourteen years suspended, conditioned upon five years of

supervised probation. For the one count of fondling, the court imposed a sentence of fifteen

years, with six years to serve in the MDOC’s custody and nine years suspended, conditioned

upon five years of supervised probation; a $1,000 fine; and other customary costs. All four

sentences were ordered to run concurrently with one another.

¶3. Albert filed a PCR motion on September 22, 2021, and a supplemental PCR motion

on November 5, 2021. He claimed that his guilty pleas to the sexual battery charges were not

voluntarily or intelligently made. Specifically, he argued he was improperly advised of the

minimum and maximum sentences for the sexual battery convictions and never received the

2 correct information that they carried a maximum sentence of thirty years without a statutory

minimum. Albert also alleged that he was not given the correct minimum and maximum

punishments for the fondling conviction, and was not advised that the circuit court had the

discretion to impose a sentence of imprisonment or a fine or both.

¶4. Additionally, Albert raised a claim of ineffective assistance of counsel on similar

grounds: that his defense counsel incorrectly advised him of the minimum and maximum

sentences. As a result, he felt pressured into pleading guilty and would not have pled guilty

if he had been correctly advised of the sentences for each crime charged. Albert’s PCR

motion also asserted the State committed a Brady violation by failing to disclose an

investigative report involving allegations in a different case and different time frame against

another person for the statutory rape of the same victim.1 He claimed that his convictions and

sentences should be set aside due to this newly discovered evidence.

¶5. After reviewing the PCR motion and supplement, the circuit court entered its order

on March 15, 2022, granting in part and denying in part the requested relief in Albert’s PCR

motion. The court held that the evidence supported vacating Albert’s three convictions for

sexual battery, but did not support vacating his fondling conviction and sentence.2 The circuit

1 Brady v. Maryland, 373 U.S. 83 (1963). 2 The court determined that his indictment failed to state which subsection of the sexual battery statute he was charged under, and found this omission critical because the applicable sentences were determined based upon the subsection of the statute. The State and Albert agreed that his charges implicated a subsection which provided a maximum sentence of thirty years and no minimum sentence. Thus, the court concluded that he was not properly informed of the minimum and maximum sentences and had not entered

3 court found that although the plea petition incorrectly advised Albert of the minimum and

maximum sentences for fondling, the judge and prosecutor corrected the sentences for

fondling and advised Albert on the record during the plea proceedings that the proper

minimum sentence was two years, and the maximum sentence was fifteen years. The court,

however, found that the record demonstrated that Albert was not informed that a fine could

be imposed or that a fine could be implemented as an alternate penalty to a prison sentence.

Nevertheless, there was no evidence that the misinformation induced him to plead guilty nor

was there evidence that he believed he would receive only a fine or a sentence other than

what was agreed upon between the State and Albert. Failure to inform Albert of the

possibility of a fine was deemed a harmless error based upon his knowledge that the

minimum sentence for fondling was two years and the fact that he ultimately received the

same sentence that he agreed upon with the State.

¶6. As to the claim of ineffective assistance of counsel, although his attorney failed to

initially provide the correct penalty for fondling, the court stated it was unable to find

evidence that his counsel’s errors proximately caused Albert to enter his guilty plea or that

but for counsel’s error, Albert would not have entered the plea. In sum, the court held that

his guilty plea to the charge of fondling was voluntary and should not be vacated. Aggrieved,

Albert appeals from the circuit court’s order denying his PCR motion to vacate his fondling

conviction.

voluntary guilty pleas to the three counts of sexual battery.

4 STANDARD OF REVIEW

¶7. “When reviewing a trial court’s denial or dismissal of a PCR motion, we will only

disturb the trial court’s decision if the trial court[’s] . . . decision is clearly erroneous[.]”

Green v. State, 242 So. 3d 176, 178 (¶5) (Miss. Ct. App. 2017). Courts specifically

“reviewing the voluntariness of guilty pleas” on appeal “will not set aside findings of a trial

court sitting without a jury unless such findings are clearly erroneous.” Vaughn v. State, 85

So. 3d 907, 910 (¶8) (Miss. Ct. App. 2012) (quoting Walton v. State, 16 So. 3d 66, 70 (¶8)

(Miss. Ct. App. 2009)).

DISCUSSION

¶8.

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Roland v. State
666 So. 2d 747 (Mississippi Supreme Court, 1995)
Hannah v. State
943 So. 2d 20 (Mississippi Supreme Court, 2006)
Gardner v. State
531 So. 2d 805 (Mississippi Supreme Court, 1988)
Mayhan v. State
26 So. 3d 1072 (Court of Appeals of Mississippi, 2009)
Walton v. State
16 So. 3d 66 (Court of Appeals of Mississippi, 2009)
Morris v. State
29 So. 3d 98 (Court of Appeals of Mississippi, 2010)
Williams v. State
31 So. 3d 69 (Court of Appeals of Mississippi, 2010)
Stevenson v. State
674 So. 2d 501 (Mississippi Supreme Court, 1996)
Burrough v. State
9 So. 3d 368 (Mississippi Supreme Court, 2009)
Hall v. State
800 So. 2d 1202 (Court of Appeals of Mississippi, 2001)
King v. State
788 So. 2d 868 (Court of Appeals of Mississippi, 2001)
Parker v. State
825 So. 2d 59 (Court of Appeals of Mississippi, 2002)
Kelley v. State
913 So. 2d 379 (Court of Appeals of Mississippi, 2005)
Lambert v. Lambert
872 So. 2d 679 (Court of Appeals of Mississippi, 2003)
Garner v. State
928 So. 2d 911 (Court of Appeals of Mississippi, 2006)
Presley v. State
792 So. 2d 950 (Mississippi Supreme Court, 2001)
Richardson v. State
769 So. 2d 230 (Court of Appeals of Mississippi, 2000)
Law v. State
822 So. 2d 1006 (Court of Appeals of Mississippi, 2002)

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Jaime Albert a/k/a Jamie Albert v. State of Mississippi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaime-albert-aka-jamie-albert-v-state-of-mississippi-missctapp-2023.