Lett v. State

965 So. 2d 1066, 2007 WL 2874828
CourtMississippi Supreme Court
DecidedOctober 4, 2007
Docket2006-KA-01281-SCT
StatusPublished
Cited by6 cases

This text of 965 So. 2d 1066 (Lett 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
Lett v. State, 965 So. 2d 1066, 2007 WL 2874828 (Mich. 2007).

Opinion

965 So.2d 1066 (2007)

Willie Albert LETT a/k/a Chubby
v.
STATE of Mississippi.

No. 2006-KA-01281-SCT.

Supreme Court of Mississippi.

October 4, 2007.

*1067 George S. Shaddock, Pascagoula, attorney for appellant.

Office of the Attorney General by Charles W. Maris, attorney for appellee.

Before DIAZ, P.J., CARLSON and RANDOLPH, JJ.

RANDOLPH, Justice, for the Court.

¶ 1. In 2004, Willie Albert Lett was indicted in four separate causes. Thereafter, Lett and the State reached an agreement "to consolidate all of the . . . [i]ndictments into one plea with a sentence recommendation." Instead of sentencing Lett according to the State's recommendation, the circuit judge deferred sentencing and "order[ed] a pre-sentence investigation report." At the sentencing hearing, the circuit court imposed a sentence exceeding the State's recommendation and overruled Lett's ore tenus motion to withdraw his guilty plea. Lett now seeks relief from this Court.

FACTS

¶ 2. In May 2004, Lett was indicted in Cause No. 2004-10,133(1) on counts of aggravated assault,[1] kidnaping,[2] and obstruction of justice.[3] That same day, Lett was also indicted in Cause No. 2004-10,134(2) for possession of a weapon by a convicted felon.[4] In August 2004, Lett was co-indicted with another individual in Cause No. 2004-10,479(2) on counts of armed robbery[5] and grand larceny.[6] Finally, on *1068 October 26, 2004, Lett was indicted with Michelle Thawley in Cause No. 2004-10,860(2) for "feloniously and burglariously break[ing] and enter[ing] the dwelling house of Thomas Thawley . . . with the intent to steal therein" on June 12, 2004.

¶ 3. Thereafter, an agreement was reached to consolidate all of the above indictments into one plea with a sentence recommendation. Lett entered a "Petition to Plead Guilty" to Cause Numbers 2004-10,133(1); 2004-10,134(2); 2004-10,479(2); and 2004-10,860(2). Notably, the petition provided that:

I . . . do answer the following questions in the presence of my attorney, George Shaddock, in order to show and demonstrate to the court that I am knowingly, intelligently, understandingly, freely and voluntarily entering my plea of guilty to the crime of possession of firearm, aggravated assault, burglary, grand larceny, armed robbery, kidnaping, [and] obstruction of justice in the above styled and numbered cause of this court.

(Emphasis added). The petition also included the following questions and responses:

Do you understand the charge against you? Yes. Do you know and understand the maximum sentence for this crime is life? . . .
Has anyone promised you anything in order to get you to plead guilty? No. Has anyone told you that it would be better for you to plead guilty, that the court would be lighter on you, or anything like those statements? No. . . .
Do you understand that, if a jury convicted you, you would have a right to appeal to our Supreme Court, but if you plead guilty, you are waiving your right to appeal your case? Yes. . . .
Do you understand that, [i]f your plea of guilty is accepted, the only thing remaining for the court to do is to sentence you, and that sentence could be to the maximum sentence provided by law? . . .
Do you understand that the court is not bound by any recommendation the State may make, but the court will determine what your sentence shall be, and that sentence could be the maximum sentence provided by law? Yes. . . .
[I]s it still your desire to enter a plea of guilty to the crime with which you are charged? Yes.

(Emphasis added).

¶ 4. At the plea hearing, Lett testified that he understood that by pleading guilty he was waiving his right to appeal to this Court. The State then made the following recommendation to the circuit court:

[w]ith regard to 04-10,133, the State will recommend on Counts I and II, 15 years in the Mississippi Department of Corrections [("MDOC")], with 5 to serve, 10 suspended, 5 years Post Release Supervision. On Count III, the State will recommend 5 years in the [MDOC].[[7]] In 04-10,134, the State will recommend—I believe the maximum is 3 years, so it would be 3 years in the [MDOC]. In 04-10,479, in Count I, the State will recommend 15 years in the [MDOC], with 5 to serve, 10 suspended, 5 years Post Release Supervision, and *1069 that would be day-for-day time. . . . On Count II, the State would recommend 5 years in the [MDOC].[[8]] And in 04-10,860, the State will recommend 15 years in the [MDOC], with 5 to serve, 10 suspended, 5 years Post Release Supervision,[[9]] with all the counts and all the indictments to run concurrent with each other, a $2,000 fine total, restitution, if any, and we would ask for two weeks to determine restitution and court costs.

According to the State:

the reason we made the recommendation . . . is that on the most serious offense, it was the desire of the victim really not to be involved in the case . . . they really do not want to have to come down here and do so unless we make them, and that was why I made this recommendation. . . .

Lett was then asked by the circuit judge if he "understood that I'm not bound by the recommendation of the State, and that I could sentence you to the maximum provided by law?" Lett testified that he understood. The circuit court then accepted the plea, finding it was "freely, voluntarily and intelligently made." However, instead of sentencing Lett that day, the circuit court deferred sentencing and "order[ed] a pre-sentence investigation report."

¶ 5. At the sentencing hearing on June 2, 2006, after reviewing the pre-sentence investigation report, the judge astutely observed "[t]here is no question that [Lett] has one of the worst criminal records that I've ever seen. He has engaged in witness intimidation, and the destruction of more young lives."[10] Based on these findings, the trial court imposed a sentence exceeding the State's recommendation. Specifically, the court ordered:

[Lett] is sentenced to Fifteen (15) Years to serve and Five (5) Years on Post Release Supervision on cause number 2004-10,133 Count I. Count II, [Lett] is sentenced to Fifteen (15) Years to serve and Five (5)[Y]ears on Post Release Supervision, and Count III is sentenced to Two (2) Years in the custody of the Mississippi Department of Corrections. On cause number 2004-10,134 [Lett] is sentenced to Three (3) Years in the custody of the Mississippi Department of Corrections. In cause number 2004-10,479, Count I [Lett] is sentenced to Fifteen (15) Years, DAY FOR DAY, and Five (5) Years on Post Release Supervision *1070 and Count II [Lett] is sentenced to Five (5) Years in the custody of the Mississippi Department of Corrections. In cause number 2004-10,860 [Lett] is sentenced to Fifteen (15)[Y]ears in the custody of the Mississippi Department of Corrections, and Five (5) Years on Post Release Supervision.[[11]] All Causes and Counts to run Concurrent. [Lett] is remanded to the Jackson County Sheriff's Department.

On July 27, 2006, Lett filed notices of appeal in both the circuit court and this Court.

ISSUES

¶ 6. The following issues were raised on appeal:

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Cite This Page — Counsel Stack

Bluebook (online)
965 So. 2d 1066, 2007 WL 2874828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lett-v-state-miss-2007.