Madden v. State

991 So. 2d 1231, 2008 WL 427968
CourtCourt of Appeals of Mississippi
DecidedFebruary 19, 2008
Docket2007-CP-00235-COA
StatusPublished
Cited by26 cases

This text of 991 So. 2d 1231 (Madden 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
Madden v. State, 991 So. 2d 1231, 2008 WL 427968 (Mich. Ct. App. 2008).

Opinion

991 So.2d 1231 (2008)

Willie Lee MADDEN, Jr., Appellant,
v.
STATE of Mississippi, Appellee.

No. 2007-CP-00235-COA.

Court of Appeals of Mississippi.

February 19, 2008.
Rehearing Denied June 24, 2008.
Certiorari Denied October 9, 2008.

*1233 Willie Lee Madden, Jr., pro se.

Office of the Attorney General by Deshun Terrell Martin, attorney for appellee.

Before MYERS, P.J., IRVING, GRIFFIS and ISHEE, JJ.

GRIFFIS, J., for the Court.

¶ 1. Willie Lee Madden, Jr., appeals the denial of his motion for post-conviction collateral relief. He asserts that: (1) he is entitled to receive a free copy of his plea hearing transcript, (2) his guilty plea was not voluntarily or intelligently entered, (3) there was no factual basis upon which the court could accept his plea, (4) he was improperly sentenced as a habitual offender, and (5) he was denied effective assistance of counsel. We find no error and affirm.

FACTS

¶ 2. Madden was indicted in the Harrison County Circuit Court on one count of the transfer of a controlled substance. The indictment alleged that Madden had been convicted of two prior felonies, each with a sentence of three years of imprisonment, and he should be sentenced as a habitual offender under Mississippi Code Annotated section 99-19-81 (Rev.2007). On June 28, 2004, Madden pleaded guilty and was sentenced as a habitual offender to serve fifteen years in the custody of the Mississippi Department of Corrections.

¶ 3. The circuit court denied Madden's motion to receive a free copy of the plea hearing transcript. Madden then filed a motion for post-conviction collateral relief. After a review of the plea petition, the motion for post-conviction collateral relief, and its exhibits, the circuit court found Madden's claims to be without merit and dismissed his motion. We now consider Madden's appeal from that dismissal.

STANDARD OF REVIEW

¶ 4. A circuit court's denial of post-conviction collateral relief will not be reversed absent a finding that the circuit *1234 court's decision was clearly erroneous. Smith v. State, 806 So.2d 1148, 1150(¶ 3) (Miss.Ct.App.2002). However, when reviewing issues of law, this Court's proper standard of review is de novo. Brown v. State, 731 So.2d 595, 598(¶ 6) (Miss.1999).

ANALYSIS

1. Is Madden entitled to a free copy of his plea hearing transcript?

¶ 5. Madden claims that the transcript of the plea hearing will prove many of his post-conviction collateral relief claims, including the involuntariness of his plea, the lack of a factual basis for the plea, and the fact that he was never advised of the minimum and maximum sentences for the crime charged.

¶ 6. The Court addressed this very issue in Ward v. State, 879 So.2d 452 (Miss.Ct. App.2003). There, Ward was also denied a free copy of his plea hearing transcript and also argued that his plea was not voluntary. Id. at 454(¶ 3). This Court held that "[t]here is no automatic right to a transcript." Id. at (¶ 7). Only after a prisoner's motion for post-conviction collateral relief has withstood summary dismissal under Mississippi Code Annotated section 99-39-11(2) may he be entitled to a transcript. Id. at 455(¶ 7). The issuance of the transcript is then based upon a showing of good cause and is within the discretion of the trial judge. Id.

¶ 7. Here, as in Ward, Madden has "made no allegation of what a transcript would show except that it [is] necessary to support the claims made in his motion for post-conviction relief." Id. at 454(¶ 7). The circuit court determined that the plea petition was sufficient evidence to rule on the merits of Madden's motion for post-conviction collateral relief. Such motion was summarily dismissed by the court; thus, Madden is not entitled to a copy of the transcript. Because the transcript is not necessary to decide this appeal, we now turn to the record to determine whether the circuit court was clearly erroneous in dismissing the post-conviction collateral relief motion.

2. Was Madden's guilty plea voluntarily and intelligently entered?

¶ 8. Madden contends that his guilty plea was not knowingly and voluntarily entered because he was under the influence of medication that severely impaired his judgment and also because he was under the severe emotional stress caused by sickness and death of members of his immediate family. Madden further contends that he was not advised of the maximum and minimum sentences nor the nature of the crime for which he was charged. In response, the State argues that the plea petition, which Madden signed, proves that his plea was voluntarily and intelligently entered.

¶ 9. To support his allegation, Madden states in his motion for post-conviction collateral relief that he never signed any papers or a plea agreement on April 8, 2004. However, such statement is refuted by the signed plea petition contained in the record. Madden offers no evidence to support his claim; thus, we will decide his appeal based on the record before us which includes the plea petition signed by Madden and presented to the circuit court.

¶ 10. A plea of guilty is binding only if it is entered voluntarily and intelligently. Myers v. State, 583 So.2d 174, 177 (Miss.1991). Such a plea is voluntary and intelligent when the defendant is informed of the charges against him and the consequences of his plea. Alexander v. State, 605 So.2d 1170, 1172 (Miss.1992). He must also understand "the maximum and minimum penalties provided by law." URCCC 8.04(A)(4)(b).

*1235 ¶ 11. Madden signed and presented to the circuit court a petition to enter a plea of guilty. The petition clearly states the minimum and maximum sentences to be zero to thirty years for the transfer of a controlled substance. It also states that Madden will be sentenced as a habitual offender and that the sentence will run day-for-day. Madden indicated in the petition that his physical and mental health was satisfactory and that he was not under the influence of any drugs or intoxicants at the time of the document's signing.

¶ 12. Madden's attorney also signed a certificate of counsel which states that he fully explained to Madden the allegations of the indictment and the maximum and minimum sentences the circuit court could impose. It was the attorney's opinion that the plea was voluntarily made and that the defendant was mentally and physically competent and understood the proceedings. The certificate further states that the attorney had no reason to believe that Madden was presently under the influence of drugs or intoxicants.

¶ 13. Madden's argument that his plea was involuntary is contradicted by the plea petition. "The plea petition was not an oral statement in open court, but it was a sworn document presumptively prepared with an appreciation of its fateful consequences." Ward, 879 So.2d at 455(¶ 11). Similar to sworn statements made before the court, it may be used to discredit post-plea allegations. Id. Accordingly, this issue has no merit.

3. Was there a factual basis for Madden's plea?

¶ 14. Madden next argues that the circuit court failed to establish a factual basis for his guilty plea rendering such plea void as a matter of law. He states that the evidence was not sufficiently specific to allow the circuit court to determine whether his conduct was in fact criminal.

¶ 15. "Before the trial court may accept a plea of guilty, the court must determine that ...

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Bluebook (online)
991 So. 2d 1231, 2008 WL 427968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madden-v-state-missctapp-2008.