Majors v. State

946 So. 2d 369, 2006 WL 771464
CourtCourt of Appeals of Mississippi
DecidedMarch 28, 2006
Docket2004-CA-00692-COA
StatusPublished
Cited by2 cases

This text of 946 So. 2d 369 (Majors 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
Majors v. State, 946 So. 2d 369, 2006 WL 771464 (Mich. Ct. App. 2006).

Opinion

946 So.2d 369 (2006)

Clifton D. MAJORS a/k/a Cliff, Appellant
v.
STATE of Mississippi, Appellee.

No. 2004-CA-00692-COA.

Court of Appeals of Mississippi.

March 28, 2006.
Rehearing Denied August 29, 2006.
Certiorari Denied January 4, 2007.

*370 Julie Ann Epps, Jackson, attorney for appellant.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before LEE, P.J., IRVING and ISHEE, JJ.

IRVING, J., for the Court.

¶ 1. Clifton Majors appeals from a judgment of the Circuit Court of Marion County, summarily dismissing his motion for post-conviction relief. He argues that the court erred in dismissing his motion, because it applied an incorrect legal standard, i.e., the court based the dismissal "solely on the fact that [he] had signed a guilty plea petition and stated at the time of the plea that his attorney was ineffective."

¶ 2. We find no merit in Majors's argument; therefore, we affirm the decision of the trial court.

FACTS

¶ 3. On March 13, 2001, Clifton Majors executed a sworn "Petition to Enter Guilty Plea"[1] wherein he stated that he wished to plead guilty to the crime of robbery. The petition also contained the following statement: "I plead guilty and request the court to accept my plea of guilty and I have entered my plea of guilty on the basis of my following involvement in the crime: *371 I was with some others to rob a store and I participated."

¶ 4. On the same day that Majors executed his guilty plea petition, the trial court held a plea qualification hearing. At the beginning of the hearing, the following exchanged occurred between the court, Majors, and Timothy:

Q. All right. And, Clifton, in the petition you signed, did you read it?
A. (CLIFTON MAJORS) Yes, sir.
Q. You understand it?
A. (CLIFTON MAJORS) Yes, sir.
Q. And you swore before Mr. Leslie Wilson, the Circuit Clerk here in Lamar County, that you did understand what was in the petition and whatever information you put in it was true and correct; is that right?
A. (CLIFTON MAJORS) Yes, sir.

¶ 5. Later in the hearing, Majors denied that he was at the scene of the robbery. The court then asked why he wanted to plead guilty if he was not at the scene of the robbery. Majors answered, "I am stuck between a rock and a hard place." He later explained that his role was helping "Scotty [his brother] when he came to me and wanted it."

¶ 6. Before accepting Majors' plea, the court asked the State for a factual predicate, and the State responded:

MS. SONES (THE PROSECUTOR):
The original statement that was given by Timothy Scott Majors was that he and his brother had gone to—had robbed Crossroads Grocery. And after giving the initial statement then Timothy Majors decided to change his mind and he came up with two other names, Tory Longino and a black male named Smurf. It would be the testimony of Paul Deen having already been questioned about this under oath that the three of them, Clifton Majors, Paul Deen and Timothy Scott Majors, all went to the Crossroads Grocery. They had talked about it ahead of time. The two who went into the store would have been Timothy Majors, Clifton was the driver of the vehicle who operated as the look out for the robbery. The two of them went in with the masks on and then Timothy Scott Majors was shot by Mr. Herrington in the back[2]. Once they left the Crossroads Grocery, they drove, Cliff Majors was still the driver. And then Mr. Herrington came out after them. They left and went to some other individuals homes, who attempted to get the bullet out. One of those—Judge, give me just a minute. There are a bunch of different crimes all in the same file and I'm trying to just sort out this part.
* * * *
MS. SONES: I did want to add one thing. There's a statement in our file from Misty Nobles, who stated that they had all been together earlier.
THE COURT: Wait a minute. Who is Mr. Nobles?
MS. SONES: Misty Nobles. She said she, Cory Longino, Clifton Majors, Scotty Majors and Paul Deen and her two children checked into the Budget Inn in Hattiesburg about eleven o'clock a.m. The next day Scotty, Clifton and Paul left in a new Escort which matches the description of the vehicle involved in the robbery, about 8:00 p.m. They came back, Scotty had been shot. [She] asked them what happened.
THE COURT: Wait. Is her statement that Timothy and Clifton left?
*372 MS. SONES: Yes. All three of them left and when they came back that Timothy had been shot. [She] asked them what happened, they told her not to worry. And then she cleaned up the wound. So during the period of time that they left and the time they came back, he had been shot, the three of them left together and came back together.

¶ 7. Prior to the State's informing the court about Nobles's testimony, Majors said to the court, "Your Honor, I had part in, they said they were going to the store." Following this admission by Majors (and before the prosecutor informed the court about Nobles's testimony), the following exchange occurred:

BY THE COURT:
Q. But you deny you were driving the car as Paul Deen said?
A. (CLIFTON MAJORS) I have to tell you truth. I tell, you know.
Q. All right [sic]. Well, let me ask you this: I'm sure Mr. Agnew, you know, Paul Deen, probably seen his statement. You knew him, do you not [sic]?
A. (CLIFTON MAJORS) Yes, sir.
* * * *
Q. Now, what's best of your knowledge before would be what, they came to you and told they were going to go rob the store, Clifton?
A. (CLIFTON MAJORS) Yes, sir.
Q. And did they get anything from you like masks, guns or anything?
A. (CLIFTON MAJORS) No, sir.
Q. All right. And once they told you that, your testimony to the jury would be that you didn't go with them?
A. (CLIFTON MAJORS) Yes, sir.
Q. But then immediately when they came back and your brother was shot, you did help him at that point?
A. (CLIFTON MAJORS) Yes, sir.
Q. Now, then Paul Deen gets on the stand and says that's not exactly true, he went with us, drove the car, so forth and so on, you understand what the jury believes?
A. (CLIFTON MAJORS) Yes, sir.
Q. And if the jury chose to believe him they would have the proof sufficient to convict you. Do you agree with that?
A. (CLIFTON MAJORS) Yes, sir.
Q. And, Timothy, you know, whether you testified or not, again, would be your right. Do you understand your right not to and your right to?
A. (TIMOTHY MAJORS) Yes, sir.
Q. But would your testimony be more in line with Paul Deen's or—
A. (TIMOTHY MAJORS) No, sir.
Q. So the jury would have two of y'all to decide whether they believed y'all. I guess this Smurf person hasn't been found. Nobody knows who he is.

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Bluebook (online)
946 So. 2d 369, 2006 WL 771464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/majors-v-state-missctapp-2006.