Kendrick Crockett v. State of Mississippi

CourtCourt of Appeals of Mississippi
DecidedMarch 8, 2022
Docket2021-CP-00022-COA
StatusPublished

This text of Kendrick Crockett v. State of Mississippi (Kendrick Crockett 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
Kendrick Crockett v. State of Mississippi, (Mich. Ct. App. 2022).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2021-CP-00022-COA

KENDRICK CROCKETT APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 12/14/2020 TRIAL JUDGE: HON. BETTY W. SANDERS COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT ATTORNEY FOR APPELLANT: KENDRICK CROCKETT (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ASHLEY LAUREN SULSER NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF DISPOSITION: AFFIRMED - 03/08/2022 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE CARLTON, P.J., GREENLEE AND McDONALD, JJ.

McDONALD, J., FOR THE COURT:

¶1. In November 2011, Kendrick Crockett pled guilty to two counts of forcible rape, two

counts of sexual battery, and one count of house burglary in the Hinds County Circuit Court.

The circuit court sentenced Crockett to serve thirty years’ imprisonment for each rape

conviction, thirty years’ imprisonment for each sexual battery conviction, and ten years’

imprisonment for house burglary, all in the custody of the Mississippi Department of

Corrections (MDOC). Crockett’s sentences were set to run concurrently, and none of his

time was suspended. Crockett filed a pro se motion for post-conviction collateral relief

(PCR) in May 2018, arguing that his pleas were involuntary. He requested an evidentiary hearing in both the PCR motion and a separate motion. The circuit court summarily denied

the PCR motion and the motion for an evidentiary hearing. Crockett now appeals from only

the circuit court’s order denying his PCR motion, which also included a request for an

evidentiary hearing. Finding no error, we affirm the circuit court’s denial of Crockett’s PCR

motion.

Statement of the Facts and Procedural History

¶2. On February 27, 2009, a Hinds County grand jury indicted Crockett on two counts of

forcible rape in violation of Mississippi Code Annotated section 97-3-65(4)(a) (Supp. 2007);

one count of kidnapping in violation of Mississippi Code Annotated section 97-3-53 (Rev.

2011); two counts of sexual battery in violation of Mississippi Code Annotated section 97-3-

95(1)(a) (Rev. 2006); one count of house burglary in violation of Mississippi Code

Annotated section 97-17-23 (Rev. 2006); one count of motor vehicle theft in violation of

Mississippi Code Annotated section 97-17-42(1) (Supp. 2007); and armed robbery in

violation of Mississippi Code Annotated section 97-3-79 (Rev. 2006).1 Crockett was fifteen

years old at the time of his crimes.

¶3. Two and a half years later, when he was eighteen, Crockett filed a sworn petition to

enter a guilty plea on November 2, 2011, to the two counts of forcible rape, the two counts

of sexual battery, and the one count of house burglary. In his petition, Crockett said that his

attorney had fully informed him of the charges in the indictment and had advised him of the

possible defenses. Additionally, his attorney had informed him of the minimum and

1 The State dismissed the charges of kidnapping, armed robbery, and motor vehicle theft.

2 maximum punishments for those offenses charged in the indictment. In his petition, Crockett

also stated that he understood he could plead not guilty and that he understood he was

waiving his Constitutional rights.2

¶4. In the petition, Crockett stated that he was not under the influence of drugs or alcohol

or suffering from any mental disease at the time of the crimes or at the time he signed his

petition. He also said in his petition that no officer or agent of any branch of government or

any other person had induced him to plead guilty; no individual had threatened, mentally or

physically forced, intimidated, or coerced him in any manner to plead guilty; and his guilty

plea was freely and voluntarily made on his own accord. Finally, Crockett said that his

attorney had counseled and assisted him in making his own decision and that he was satisfied

with the advice that his attorney provided.

¶5. At his plea hearing, which was held on the same day that he executed the sworn

petition, Crockett again acknowledged that he knowingly and voluntarily waived his rights.

The State presented the facts about each crime as follows: on June 17, 2008, Crockett

engaged in forcible sexual intercourse with Jane Smith3 without her consent. Crockett and

2 The petition provided that Crockett was waiving his Constitutional rights, including the right to a speedy and a public trial by jury; the right to see, hear, and cross-examine all witnesses called to testify; the right to use the power and process of the Court to compel the production of evidence, including the attendance of any witnesses in his favor; the right to have the presence and assistance of a lawyer at all stages of the trial and any appeal; the right to challenge the composition of the grand jury that indicted him; the right to testify in his own defense; and the right to a jury verdict of all twelve jurors before he could be found guilty. 3 To protect the interests of the victims, the Court of Appeals has replaced their names with fictitious names.

3 two of his friends took her parked car at gunpoint and told her male passenger to walk across

a ball field. They then forced Jane into their vehicle and took her to an abandoned house.

There, Crockett and his friends continued to hold the victim at gunpoint and forced her to

perform multiple sexual acts at an abandoned house. A week later, on June 24, 2008,

Crockett and the two men engaged in forcible sexual intercourse with Ann Jones without her

consent. They broke into her home, forced her to perform sexual acts in the presence of her

minor children, and robbed her. Crockett’s DNA was identified in the rape kits performed

on both Jane and Ann. At the plea hearing, Crockett stated on the record that these facts

were accurate. In its presentation, the State also explained the elements of each crime.

Crockett then stated that he knowingly and voluntarily pleaded guilty to all charges. The

circuit court accepted Crockett’s pleas of guilty.

¶6. On November 16, 2011, the circuit court held Crockett’s sentencing hearing. Both

victims appeared at the hearing and gave their victims’ impact statements. Jane testified that

her life had been changed forever, that she was paranoid, and that she could not go outside

or be in a house by herself. Ann testified that she was in her bed with her three-year-old

child and five-year-old child when she was awoken by Crockett’s cigarette lighter. Crockett

took Ann from her bed at gunpoint into a “front room” where two other men were present.

After the men forced Ann to perform sexual acts, Ann testified that the men took her to her

children’s room because the children were still in her bedroom. She was able to get their gun

and attempted to fire it to defend herself, but the gun would not fire. The men proceeded to

rape Ann in front of one of the children who had woken. Crockett and the other two men

4 locked Ann and her children in the closet while they robbed her house. She testified that she

still had nightmares and paranoia, that her children were traumatized, and that she never

wanted them out of her sight.

¶7. The circuit court sentenced Crockett to thirty years’ imprisonment for each rape

conviction, thirty years’ imprisonment for each sexual battery conviction, and ten years’

imprisonment for the house-burglary conviction. Crockett’s sentences were set to run

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Williams v. State
4 So. 3d 388 (Court of Appeals of Mississippi, 2009)
Kirk v. State
798 So. 2d 345 (Mississippi Supreme Court, 2000)
Thompson v. State
990 So. 2d 265 (Court of Appeals of Mississippi, 2008)
Gazzier v. State
744 So. 2d 776 (Mississippi Supreme Court, 1999)
Turner v. State
864 So. 2d 288 (Court of Appeals of Mississippi, 2003)
Holland v. State
956 So. 2d 322 (Court of Appeals of Mississippi, 2007)
Brian Williams v. State of Mississippi
158 So. 3d 1171 (Court of Appeals of Mississippi, 2014)
Richard Chapman v. State of Mississippi
167 So. 3d 1170 (Mississippi Supreme Court, 2015)
James F. Putnam v. State of Mississippi
212 So. 3d 86 (Court of Appeals of Mississippi, 2016)
Allen Goul v. State of Mississippi
223 So. 3d 813 (Court of Appeals of Mississippi, 2017)
Jake Bias v. State of Mississippi
245 So. 3d 534 (Court of Appeals of Mississippi, 2017)
Jerold Wayne Smith v. State of Mississippi
251 So. 3d 754 (Court of Appeals of Mississippi, 2018)
John Frank Gaulden v. State of Mississippi
240 So. 3d 503 (Court of Appeals of Mississippi, 2018)
Dean C. Boyd v. State of Mississippi
253 So. 3d 933 (Court of Appeals of Mississippi, 2018)
Timothy L. Bolton v. State of Mississippi
243 So. 3d 796 (Court of Appeals of Mississippi, 2018)
Hill v. State
60 So. 3d 824 (Court of Appeals of Mississippi, 2011)
Pepper v. State
96 So. 3d 780 (Court of Appeals of Mississippi, 2012)
Dearman v. State
910 So. 2d 708 (Court of Appeals of Mississippi, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
Kendrick Crockett v. State of Mississippi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendrick-crockett-v-state-of-mississippi-missctapp-2022.