Myles v. State

988 So. 2d 436, 2008 Miss. App. LEXIS 470, 2008 WL 3312041
CourtCourt of Appeals of Mississippi
DecidedAugust 12, 2008
DocketNo. 2007-CP-01165-COA
StatusPublished
Cited by2 cases

This text of 988 So. 2d 436 (Myles 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
Myles v. State, 988 So. 2d 436, 2008 Miss. App. LEXIS 470, 2008 WL 3312041 (Mich. Ct. App. 2008).

Opinion

CHANDLER, J.,

for the Court.

¶ 1. John Roland Myles, Jr., was charged with house burglary. He filed a petition to plead guilty to the lesser-included offense of grand larceny. On December 4, 2006, the Circuit Court of Rankin County accepted Myles’s guilty plea and sentenced him to ten years in the custody of the Mississippi Department of Corrections and to pay restitution, court costs, fees, and assessments. This sentence was in accordance with the State’s sentencing recommendation.

¶ 2. Myles timely filed a motion for post-conviction relief (PCR), arguing that his guilty plea was involuntary and that he received ineffective assistance of counsel. After reviewing the record, the circuit court determined that Myles’s guilty plea was freely, voluntarily, and intelligently made and that he had not met the burden of proof required to demonstrate ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In this appeal, Myles argues that the circuit court erred by denying his PCR motion. Finding no error, we affirm.

STANDARD OF REVIEW

¶ 3. “When reviewing a lower court’s decision to deny a petition for post[-]conviction relief[,] this Court will not disturb the trial court’s factual findings unless they are found to be clearly erroneous. However, where questions of law are raised[,] the applicable standard of review is de novo.” Lambert v. State, 941 So.2d 804, 807(¶ 14) (Miss.2006) (quoting Brown v. State, 731 So.2d 595, 598(¶6) (Miss.1999)).

LAW AND ANALYSIS

I. THE VOLUNTARINESS OF MYLES’S GUILTY PLEA.

¶ 4. Myles claims that his guilty plea was involuntary. A guilty plea must be knowingly and voluntarily entered, or the plea is in violation of due process. Boykin v. Alabama, 395 U.S. 238, 243 n. 5, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). “Ignorance, incomprehension, coercion, terror or other inducements, both subtle and blatant, threaten the constitutionality of a guilty plea.” Hannah v. State, 943 So.2d 20, 25(¶ 12) (Miss.2006) (citing Boykin, 395 U.S. at 242-43, 89 S.Ct. 1709). It is requisite to a voluntary guilty plea that the defendant is advised of the charges against him and the consequences of the plea. Alexander v. State, 605 So.2d 1170, 1172 (Miss.1992). “Specifically, the defendant must be told that a guilty plea involves a waiver of the right to a trial by jury, the right to confront adverse witnesses, and the right to protection against self-incrimination.” Id. (citing Boykin, 395 U.S. at 243 n. 5, 89 S.Ct. 1709). Additionally, the court must address the defendant personally to inquire and determine that the defendant is competent to understand the nature of the charge, and that the defendant understands the maximum and minimum sentences for the crime. URCCC 8.04(A)(4).

¶ 5. An involuntary guilty plea is not binding upon the defendant. Alexander, 605 So.2d at 1172. However, in a collateral attack on a guilty plea, the petitioner bears the burden of proof that the plea was not knowingly, voluntarily, and intelligently given. Hannah, 943 So.2d at 25(¶ 11). A guilty plea is voluntary despite erroneous advice given by counsel if the defendant’s misconception is corrected by the court during the plea colloquy. Loden v. State, 971 So.2d 548, 573(¶60) (Miss. [439]*4392007) (quoting Harris v. State, 806 So.2d 1127, 1130(¶ 9) (Miss.2002)).

¶ 6. The transcript of Myles’s plea hearing indicates that Myles was fully informed of the nature of the charge against him and the consequences of the guilty plea. The circuit court informed Myles of the constitutional rights waived by a guilty plea, and Myles stated that he understood. The circuit court communicated the maximum and minimum sentences for grand larceny and asked Myles if he understood; Myles responded, ‘Tes, sir.” After the State recommended the ten-year sentence, the court asked Myles if he understood that the State was recommending that the court impose the maximum sentence for grand larceny. Myles responded, “Yes, sir.” Then, the court asked Myles if his guilty plea was freely and voluntarily made; Myles again responded affirmatively. Myles denied that anyone was making him enter the guilty plea, and he stated that it was made of his own free will. When asked, “Who made the decision to enter this plea of guilty,” Myles responded, “Me.” Myles also denied that anyone had tricked him or promised him anything in exchange for the guilty plea. Finally,' the court offered Myles an opportunity to withdraw his petition to plead guilty and to go to trial. Myles stated that he did not wish to withdraw the petition. Accordingly, the circuit court accepted the guilty plea and sentenced Myles to ten years.

¶ 7. In his PCR motion, Myles made two arguments in support of his claim that his guilty plea was involuntary. First, Myles contended that he suffered from mental problems and had not taken his psychiatric medication on the day of the plea hearing, rendering him incompetent to plead guilty. He complained that the circuit court failed to discover his incompetency because the court did not ask him whether he was under the influence of any medication or drugs. •

¶ 8. Under Uniform Rule of Circuit and County Court 8.04(A)(4), the circuit court must “inquire and determine” that the defendant is competent to understand the nature of the charge. As discussed above, the circuit court questioned Myles extensively about his understanding of the nature of the grand larceny charge and the consequences of entering a guilty plea. The circuit court had the opportunity to observe Myles’s demeanor. Myles never raised the issue of his competence, and he points to nothing in the record indicating he was not competent to plead guilty. Nor has he included any medical records or other documentation supporting his allegation that he was incompetent. In fact, nothing in the record raises a question as to Myles’s competence. The circuit court was not clearly erroneous in rejecting Myles’s argument that he lacked the competence to plead guilty. See Smith v. State, 910 So.2d 635, 639-40 (¶¶ 25-26) (Miss.Ct.App.2005).

¶ 9. Second, Myles argued that his guilty plea was involuntary because it was made in reliance on his attorney’s representation that the State would recommend a sentence of five years. Myles averred that his attorney made this representation before the day of the plea hearing. Myles contended that at the plea hearing, he was surprised by the State’s recommendation of ten years because his attorney had never informed him that the State changed its recommendation from five years to ten years. Myles contended that his attorney had rushed him through his review of the guilty plea petition; .consequently, he signed the guilty plea petition without reading that the State was recommending ten years. Myles also stated that he asked his attorney at the plea hearing why the State was recommending ten years instead [440]*440of five; his attorney responded by instructing him on how to answer each of the court’s questions. Myles contends that his guilty plea was coerced by this advice from counsel.

¶ 10. The circuit court found from the guilty plea petition and plea hearing transcript that Myles’s guilty plea was voluntarily made.

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988 So. 2d 436, 2008 Miss. App. LEXIS 470, 2008 WL 3312041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myles-v-state-missctapp-2008.