Reed v. State

799 So. 2d 92, 2001 WL 291173
CourtCourt of Appeals of Mississippi
DecidedMarch 27, 2001
Docket2000-CP-00357-COA
StatusPublished
Cited by2 cases

This text of 799 So. 2d 92 (Reed 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
Reed v. State, 799 So. 2d 92, 2001 WL 291173 (Mich. Ct. App. 2001).

Opinion

799 So.2d 92 (2001)

Donald REED, Jr., Appellant,
v.
STATE of Mississippi, Appellee.

No. 2000-CP-00357-COA.

Court of Appeals of Mississippi.

March 27, 2001.

*93 Donald Reed, Jr., Appellant, pro se.

Office of the Attorney General by John R. Henry, Jr., Attorney for Appellee.

Before KING, P.J., BRIDGES, and THOMAS, JJ.

BRIDGES, J., for the Court:

¶ 1. This matter returns to us following a remand by this Court to the Circuit Court of Scott County, Mississippi, in Reed v. State, 743 So.2d 1042 (Miss.Ct.App. 1999). On remand, the lower court was directed to conduct a hearing to determine whether Donald Reed had been properly advised of the elements of the crimes for which he was charged before he entered *94 his guilty plea. Further, the lower court was instructed by this Court to ascertain whether there was a factual basis on which the court could rely in order to accept Reed's guilty plea, specifically whether sufficient facts existed to establish that a double murder had been committed and whether Reed was responsible for such murders.

¶ 2. The hearing on remand resulted in the denial of a motion for summary judgment filed by Reed due to a finding by the court that there were genuine issues of material fact in dispute. Moreover, the lower court found that Reed had, in fact, been sufficiently advised of the elements of the crimes to which he pled guilty and that there was a factual basis on which the trial judge relied in order to accept and record Reed's guilty plea as final. Reed's subsequent motion for post-conviction relief was denied. This appeal by Reed, following the judgment of the trial court on remand, cites the following issues to be explored by this Court:

1. Whether the trial court erred in failing to grant appellant's motion for summary judgment because of the State's failure to offer sufficient evidence showing a genuine issue of material fact for a trial and/or evidentiary hearing?
2. Whether the trial court erred in denying appellant post-conviction relief because the State failed to show on remand that the appellant was properly advised of the critical elements of the offenses for which he was charged prior to his pleading guilty?

STANDARD OF REVIEW

¶ 3. When reviewing a judgment by a lower court denying an appellant's motion for summary judgment, it is the duty of an appellate court to view the proof submitted in the light most favorable to the nonmoving party. Travis v. Stewart, 680 So.2d 214, 218 (Miss.1996); Phillips v. Hull, 516 So.2d 488, 491 (Miss.1987). See also Brown v. Credit Center, Inc., 444 So.2d 358, 365 (Miss.1983). This Court must look to the entire record before it and determine whether the nonmoving party brought forward "supportive evidence of significant and probative value" that would tend to show the existence of a genuine and triable issue of material fact. Id.

¶ 4. In the review of proceedings for post-conviction relief, this Court shall apply the substantial evidence/clearly erroneous test, thus limiting our scope of review. McClendon v. State, 539 So.2d 1375, 1377 (Miss.1989). As such, in a case challenging the existence of a factual basis for the lower court's acceptance of a defendant's guilty plea, this Court must comb the record and/or any other facts presented to us for substantial evidence of an evidentiary foundation which would be sufficient for us to say, with confidence, that the prosecution could prove the defendant's guilt in committing the crime at issue. Lott v. State, 597 So.2d 627, 628 (Miss.1992). See U.S. v. Broce, 488 U.S. 563, 570, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989); McCarthy v. U.S., 394 U.S. 459, 467, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969); U.S. v. Oberski, 734 F.2d 1030, 1031 (5th Cir.1984). Specifically, "what facts must be shown are a function of the definition of the crime and its assorted elements." Corley v. State, 585 So.2d 765, 767 (Miss. 1991). This Court is not limited to the guilty plea transcript in such cases. Gaskin v. State, 618 So.2d 103, 106 (Miss. 1993); Corley, 585 So.2d at 767; Brown v. State, 533 So.2d 1118, 1124 (Miss.1988). Rather, it is imperative that the record as a whole be viewed with the utmost care. Id.

FACTS

¶ 5. Reed appeared before the Circuit Court of Scott County on October 10, 1995, *95 and entered a plea of guilty to an indictment by the grand jury of Scott County, charging him and another defendant with the murders of Gerardo Perez and Jose Rodriguez. Reed entered his guilty plea before the court with his counsel present. Upon Reed's plea and a discussion of Reed's plea bargain agreement with the State on the record, the trial judge advised Reed that he was waiving certain rights by pleading guilty to these two counts of murder. Reed indicated that he understood the loss of these rights as had been previously explained to him by his counsel. The judge further advised Reed that murder carries a sentence of life imprisonment and that he would be confined to the Mississippi Department of Corrections to serve such sentence if he pled guilty of this crime. Reed indicated that he understood and accepted this sentence. Lastly, the judge asked Reed whether his counsel had provided him with information regarding the consequences of pleading guilty and whether Reed was satisfied with the assistance of his counsel in this matter. Reed responded to both of these questions in the affirmative. After this discussion, the trial judge told Reed, on the court record, that the court accepted Reed's plea of guilty and that Reed would be sentenced to two life sentences, to be served concurrently according to the plea bargain agreement between Reed and the State.

¶ 6. On December 9, 1996, Reed filed a motion for post-conviction relief seeking to set aside his convictions and sentence for these crimes. In that motion, Reed cited ineffective assistance of counsel, denial of due process and a deficiency in his guilty plea, namely that there was no factual basis on which the judge could have predicated his acceptance of Reed's plea. Reed's motion was denied by the court and he was not given an evidentiary hearing on the matter. Reed appealed this denial of post-conviction relief and the appeal was heard by this Court. Upon review of the matter, this Court found no merit to Reed's issues of ineffective assistance of counsel and denial of due process. However, this Court did remand Reed's case to the circuit court to determine whether Reed was properly advised of the elements of the crime of murder and whether a factual basis for his guilty plea existed. Subsequent to its receipt of that mandate by this Court, the State filed its answer denying that Reed was entitled to relief. Reed responded to the State's answer with a motion for summary judgment, alleging that the State cited no genuine issues of material fact left to be resolved in this case.

¶ 7. Pursuant to the direction of this Court, the lower court held a hearing on remand to assess whether a factual basis for Reed's guilty plea existed and whether Reed was versed in the elements of the crime of murder before entering his plea.

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Bluebook (online)
799 So. 2d 92, 2001 WL 291173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-state-missctapp-2001.