Ray v. State

976 So. 2d 398, 2008 WL 570279
CourtCourt of Appeals of Mississippi
DecidedMarch 4, 2008
Docket2006-CP-01824-COA
StatusPublished
Cited by3 cases

This text of 976 So. 2d 398 (Ray 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
Ray v. State, 976 So. 2d 398, 2008 WL 570279 (Mich. Ct. App. 2008).

Opinion

976 So.2d 398 (2008)

Billy Lloyd RAY, Appellant
v.
STATE of Mississippi, Appellee.

No. 2006-CP-01824-COA.

Court of Appeals of Mississippi.

March 4, 2008.

*400 Billy Lloyd Ray, Appellant, pro se.

Office of the Attorney General By John R. Henry, attorney for appellee.

Before MYERS, P.J., GRIFFIS and CARLTON, JJ.

GRIFFIS, J., for the Court.

¶ 1. After entering a guilty plea to the charge of sexual battery, Billy Lloyd Ray was sentenced to ten years with one year to serve and nine years suspended. Ray was placed on post-release supervision for nine years. Following a revocation hearing held on April 30, 2004, the circuit court found that Ray had violated the conditions of his post-release supervision and sentenced him to serve the remaining nine years of his sentence in the custody of the Mississippi Department of Corrections. Ray then filed a motion for post-conviction relief that was denied by the circuit court. On appeal, Ray argues that: (1) there is insufficient credible evidence to support his convictions for domestic violence and disorderly conduct, (2) he entered guilty pleas to domestic violence and disorderly conduct only because his attorney told him to do so, (3) his sentence is illegal, (4) the circuit court did not have jurisdiction to revoke his post-release supervision, (5) his due process rights were violated at the revocation hearing, and (6) he was denied effective assistance of counsel. We find no error and affirm.

FACTS

¶ 2. Ray was indicted as a habitual offender in Washington County on charges of kidnaping, rape, sexual battery, and directing or causing a felony to be committed by a person under seventeen years of age. On November 17, 1999, he entered a guilty plea to the crime of sexual battery and was sentenced to ten years with one year to serve and nine years suspended. Ray was placed on post-release supervision for nine years.

¶ 3. On April 30, 2004, a revocation hearing was held in the Circuit Court of Jackson County to determine whether Ray had violated the terms of his post-release supervision. At that hearing, the State alleged that Ray had violated the following conditions:

1. offender failed to remain free from controlled substances by testing positive for the illegal drug, marijuana, in samples obtained on March 3, 2003, and December 16, 2003,
2. offender failed to remain free of firearms by having several weapons in his residence,
3. offender failed to abide by the law by being arrested and charged with possession of a weapon by a convicted felon, domestic violence, simple assault, possession of spotted fawn, and illegal possession of a deer at night,
4. offender failed to avoid injurious and vicious habits by testing positive for controlled substances and using alcoholic beverages, and
5. offender failed to pay the Court of Washington County.

¶ 4. At the revocation hearing, Ray, through counsel, confessed that he had violated the terms of his post-release supervision by testing positive for marijuana on March 3, 2003, and December 16, 2003. *401 Each of the other alleged violations arose from an incident involving Ray's wife, which occurred on December 16, 2003.

¶ 5. That day, Mrs. Ray called 911 to report that Ray was pointing a rifle at her and threatening to kill her. The following day, the police placed Ray in custody and conducted a search of the home. They found a muzzle loader, a .22 rifle, and a 12-gauge shotgun inside the house. A .270 bolt action rifle was found in a shed behind the house. Mrs. Ray told the investigating officer that, on the previous night, she walked behind the shed and found Ray fondling her eighteen-year-old daughter while his pants were down. Then, as she tried to leave with her children, Ray stood at the doorway of the vehicle, pointed the rifle at her, and threatened to kill her. As a result of the incident, Ray pleaded guilty to misdemeanor charges of domestic violence and disorderly conduct.

¶ 6. During her testimony at the revocation hearing, Mrs. Ray changed her account of the events of December 16, 2003. She testified that she saw Ray and her daughter behind the shed but his pants were not down, and he was not fondling her daughter. She also testified that Ray tried to keep her from leaving, but he did not threaten her with a gun. Mrs. Ray further claimed that none of the guns found in the home belonged to Ray.

¶ 7. After the hearing, the circuit court revoked Ray's suspended sentence and post-release supervision, sentencing him to serve nine years in prison. The circuit court stated that the grounds for the revocation were Ray's admission that he smoked marijuana and his guilty pleas for domestic violence and disturbing the peace. We now consider the appeal of the circuit court's denial of Ray's motion for post-conviction relief.

STANDARD OF REVIEW

¶ 8. A trial court's denial of post-conviction relief will not be reversed absent a finding that the trial 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. Sufficiency of the Evidence

¶ 9. The majority of Ray's argument on appeal is that the circuit court's revocation of his post-release supervision was based on events fabricated by his wife; thus, there is not sufficient evidence to uphold his convictions for domestic violence and disorderly conduct. Ray argues that "this entire case was based on Mrs. Ray's lies to have him put in prison." Both he and Mrs. Ray now contend that Ray did not fondle her daughter or threaten to kill her with the rifle. Instead, Ray argues that, because his wife allegedly lied about Ray's actions that resulted in charges of domestic violence and disorderly conduct, his post-release supervision should not have been revoked based on those allegations.

¶ 10. Ray entered guilty pleas to both domestic violence and disorderly conduct. "A guilty plea operates to waive the defendant's privilege against self-incrimination, the right to confront and cross-examine the prosecution's witnesses, the right to a jury trial and the right that the prosecution prove each element of the offense beyond a reasonable doubt." Jefferson v. State, 556 So.2d 1016, 1019 (Miss. 1989).

¶ 11. This Court decided a similar issue in Steele v. State, 845 So.2d 758 (Miss.Ct. App.2003). There, the defendant also argued *402 that the evidence was insufficient to uphold his conviction despite the fact that he entered a guilty plea. Id. at 759(¶ 4). We declined to address the issue because, by pleading guilty, the opportunity to have a jury review the sufficiency of the evidence had been waived. Id. Similarly, Ray argues that there is insufficient evidence to uphold his criminal convictions which resulted in the revocation of his post-release supervision. However, Ray waived this argument by entering his guilty pleas. That being so, we decline to review the issue.

2. Validity of Ray's Guilty Pleas

¶ 12. Ray argues that the only reason he pleaded guilty to domestic violence and disorderly conduct was because he was told to do so by the public defender. Ray fails to offer any evidence of this allegation.

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Bluebook (online)
976 So. 2d 398, 2008 WL 570279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-state-missctapp-2008.