Miller v. State

788 So. 2d 70, 2000 Miss. App. LEXIS 590, 2000 WL 1811596
CourtCourt of Appeals of Mississippi
DecidedDecember 12, 2000
DocketNo. 2000-CP-00909-COA
StatusPublished
Cited by1 cases

This text of 788 So. 2d 70 (Miller 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
Miller v. State, 788 So. 2d 70, 2000 Miss. App. LEXIS 590, 2000 WL 1811596 (Mich. Ct. App. 2000).

Opinion

BRIDGES, J.,

for the Court:

¶ 1. This is an appeal from a denial of post-conviction relief in the Circuit Court of Yazoo County, Mississippi, the Honorable Jannie Lewis presiding. At his plea hearing, Peter Miller pled guilty to the crimes of kidnaping, simple assault on a law enforcement officer and possession of a firearm by a convicted felon. Miller now brings this appeal alleging that he did not knowingly, intelligently and voluntarily plead guilty and therefore should have his sentence reduced. In addition, Miller claims that his defense counsel was ineffective due to a conflict of interest. All of these claims were heard by Judge Lewis who denied Miller’s motion for post-conviction relief, finding that Miller had not proven his case. Judge Lewis also denied Miller’s request for an evidentiary hearing on the issue of ineffective counsel. Based on the denial of these motions, Miller appeals to this Court, and we affirm Judge Lewis’s decision.

FACTS

¶ 2. On November 29, 1999, Miller personally entered pleas of guilty to the charges of kidnaping, simple assault on a law enforcement officer and possession of a firearm by a convicted felon. These charges arose out of an incident wherein Miller allegedly struck his girlfriend at the time, Patricia Ann Carter, in the head and forced her into a van at gunpoint. Before Miller entered his plea of guilty, he was given a plea-qualification hearing by Judge Lewis, wherein she asked Miller if he was entering his plea of guilty knowingly, voluntarily and intelligently. By all accounts in the record, Miller entered his plea knowing of the waiver of his constitutional rights and knowing the maximum amount of time that he may have to serve if he were ho stand by his guilty plea. However, Miller’s first issue on appeal is that he [72]*72did not plead guilty knowingly, intelligently and voluntarily. In fact, Miller claims that he was suffering from a mental incapacity at the time of his plea and that he did not understand the consequences of his decision. Miller is requesting that this Court reduce his twelve year sentence for kidnaping to five years, to run concurrently with the five year and three year sentences for the remaining crimes for which he pled guilty in this case.

¶ 3. Secondly, Miller alleges that he had insufficient counsel at the time of his plea qualification hearing and, because of his counsel’s bad advice, he pled guilty, not knowing the repercussions of doing so. Also, Miller claims that his defense counsel was automatically insufficient from the start, as he asserts that there was a conflict of interest that should have prevented his counsel from representing him. Miller alleges that his defense counsel, Belinda Stevens, could not have represented him appropriately as she was the sibling of James G. Holmes, an assistant district attorney with the State. However, the State points out that James H. Powell, III, District Attorney, not James G. Holmes, was present to represent the State of Mississippi at Miller’s plea qualification hearing. Therefore, the State claims that Miller’s allegation of insufficient counsel due to conflict of interest is without merit because Miller could not have been prejudiced simply because his counsel was the sister of an attorney working in the district attorney’s office who was not even present at the time of Miller’s plea, nor was he involved in Miller’s case at all. Furthermore, Miller, at the plea qualification hearing, acknowledged before Judge Lewis that he was satisfied with the advice and counsel of his attorney.

¶ 4. Lastly, Miller argues that he was denied an evidentiary hearing on the matter of insufficient counsel. Judge Lewis found that Miller’s arguments did not pass muster and that, because his claim of inadequate counsel was clearly without merit, it should be dismissed without an eviden-tiary hearing.

LEGAL ANALYSIS

¶ 5. Miller submits to this Court that, despite the evidence in the record indicating that he fully understood the consequences of his guilty plea, he was actually uninformed and confused, suffering from mental instability when he made this plea and therefore, did not do so knowingly, voluntarily or intelligently. The U.S. Supreme Court case of Boykin v. Alabama, 395 U.S. 238, 242, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), provides the standard for determining whether a guilty plea is knowingly, intelligently and voluntarily made by a defendant. Id. We must look to whether the defendant understood that his guilty plea constituted a waiver of certain constitutional rights. Id. at 243, 89 S.Ct. 1709. “First, is the privilege against compulsory self-incrimination.... Second, is the right to trial by jury. Third, is the right to confront one’s accusers.” Id. A presumption of a waiver of these rights by a defendant may not be had where the record is silent. Id. at 242, 89 S.Ct. 1709. The record must provide definite evidence of such a waiver and the admissibility of the waiver must be “based on a reliable determination on the voluntariness” of the waiver. Id.

¶ 6. In the instant case, the record transcript of Miller’s plea qualification hearing is quite telling. The trial judge informed Miller, upon his guilty plea for the instant crimes, that the plea could not be entered until it was determined that it was deliberately, understandably and freely made. The trial judge then asked Miller a series of questions regarding Miller’s understanding of his guilty plea:

[73]*73[By the court] Mr. Miller, I’ve been handed a Petition to Enter a Guilty Plea. Have you gone over this petition with your attorney? &
[By Miller] Yes. <J
Did you understand this petition as you read it and as your attorney explained it to you? O’
Yes. t>
Were the answers you provided in this petition true and correct? «O
Yes.
Did you sign this petition? cO
Yes. í>
Mr. Miller, before I get into the guilt or innocence of this charge against you, it is my duty to advise you of certain constitutional rights that you give up by entering this guilty plea. The court wants you to understand that you have a right to a public trial by jury. In that trial, you have a right to cross-examine all witnesses that will be called to testify against you. You have a right to subpoena witnesses to testify in your own behalf. You have a right to testify or not testify as you so desire.... By entering this guilty plea, you give up all those constitutional rights. Do you understand that? <©
Yes. <j
Knowing that, do you still wish to enter this plea? <3*
Yes.
Has anyone forced you, coerced you, or intimidated you in any way to get you to enter these pleas? ¿O
No. <1
Has anyone promised you anything in the way of a lighter sentence or any hopes or rewards to get you to enter this plea? <3*
A. No.
Q. Are you presently undergoing any mental examinations or treatment?
A. No.

¶ 7.

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Bluebook (online)
788 So. 2d 70, 2000 Miss. App. LEXIS 590, 2000 WL 1811596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-missctapp-2000.