Swift v. State

815 So. 2d 1230, 2001 WL 1469040
CourtCourt of Appeals of Mississippi
DecidedNovember 20, 2001
Docket2000-CP-02124-COA
StatusPublished
Cited by16 cases

This text of 815 So. 2d 1230 (Swift 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
Swift v. State, 815 So. 2d 1230, 2001 WL 1469040 (Mich. Ct. App. 2001).

Opinion

815 So.2d 1230 (2001)

Anthony SWIFT, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2000-CP-02124-COA.

Court of Appeals of Mississippi.

November 20, 2001.
Rehearing Denied February 19, 2002.
Certiorari Denied May 9, 2002.

*1232 Anthony Swift, Pro Se.

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

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

KING, P.J., for the Court:

¶ 1. Anthony Swift perfected this appeal from an order denying post-conviction collateral relief entered by the Circuit Court of Clay County, Mississippi. On October 14, 1999, Swift pled guilty to possession of cocaine. Swift was sentenced to serve a term of six years in the custody of the Mississippi Department of Corrections and placed on five years post-release supervision.

¶ 2. On March 20, 2000, Swift filed a pro se petition for post-conviction collateral relief. The petition was dismissed without a hearing by the trial court. On appeal, Swift states his issues as follows:

I. Whether the trial court erred in accepting a plea of guilty because the State presented no evidence of guilt.
II. Whether the State violated Rule 4.06 of the Mississippi Criminal Rules of Circuit Court Practice (now called Rule 9.04 of the Uniform Rules of Circuit and County Court Practice).
III. Whether the State violated his Fifth Amendment rights.
IV. Whether the plea was entered into because of threats and coercion (involuntary plea).
V. Whether the trial court erred in not granting him an evidentiary hearing.
VI. Whether he received ineffective assistance of counsel.
VII. Whether the State should have been allowed to accuse him of being guilty for another crime which he had not been charged with.
VIII. Whether the State had a duty to offer proof which would back their claim.
IX. Whether the trial court erred in its sentencing and not informing him of the maximum and minimum penalties allowed.
X. Whether there was a defective indictment.

¶ 3. While Swift's drafting is inartful and it is questionable as to whether the specific items mentioned in his brief are similar to those issues raised at trial. As a pro se litigant, this Court will

give Swift the benefit of the doubt and address each issue.

FACTS

¶ 4. On October 11, 1999, Swift was indicted for possession of cocaine in an amount of 9.2 grams. The parties reached a plea agreement on this charge. That agreement included the State's promise not to seek an enhanced punishment.

¶ 5. On July 6, 1999, Anthony J. Farese represented Swift during his preliminary hearing. During his guilty plea hearing on October 14, 1999, Swift was represented by a public defender. During that hearing, the trial judge questioned Swift to determine whether his plea to the charge *1233 of possession was knowingly and voluntarily made. Swift testified that he understood the nature of the charge and was guilty of the crime.

¶ 6. The trial judge also questioned Swift to determine if he understood that, under the laws of the State of Mississippi, an individual with a prior felony conviction is not eligible for probation. Swift acknowledged that he understood this. In 1994, Swift was convicted for the sale of cocaine, sentenced to ten years in the custody of the Mississippi Department of Corrections, and ordered to attend a drug and alcohol rehabilitation program. The trial judge asked Swift if he understood that based upon the amount of cocaine possessed, the court must sentence him to not less than four nor more than sixteen years and impose a fine up to two hundred and fifty thousand dollars. The trial judge also asked Swift if anyone had threatened him or promised him anything in regard to his plea. Swift testified that he had not been threatened or promised anything. The trial judge then questioned Swift's attorney to determine if he had advised Swift of his constitutional rights and of the elements of the crime of possession of cocaine. Swift's attorney responded affirmatively.

¶ 7. Based upon Swift's responses, the trial judge determined that Swift understood the nature of the charge against him, the nature and consequences of his plea of guilty, and the maximum and minimum sentences required by law. Therefore, the court found Swift's plea of guilty to be freely, voluntarily, and knowingly made.

¶ 8. Upon inquiry by the court, the State recommended that Swift be sentenced to serve a term of six years in the custody of the Mississippi Department of Corrections and be placed on five years post-release supervision upon release and fined an amount to be set by the court. The court accepted the recommendation of the State, but did not impose a fine.

¶ 9. On March 20, 2000, Swift filed a petition for post-conviction collateral relief. By order dated July 25, 2000, the court dismissed this petition and found the claims to be without merit. In his order, the trial judge mistakenly stated that Swift had been sentenced to one year for possession of cocaine. This order was corrected to show that Swift had been sentenced to serve six years in the custody of the Mississippi Department of Corrections, with five years post-release supervision. It was from that denial of relief that Swift perfected this appeal.

ISSUES AND ANALYSIS

I.

Whether the trial court erred in accepting a plea of guilty because the State presented no evidence of guilt.

¶ 10. When this Court reviews a trial court's decision to deny a petition for post-conviction relief, it will not disturb the trial court's factual findings unless they are found to be clearly erroneous. Brown v. State, 731 So.2d 595(¶ 6) (Miss.1999). "However, where questions of law are raised the applicable standard of review is de novo." Id.

¶ 11. Swift contends that his plea should not have been accepted by the trial court. Swift argues that the State did not present evidence of his guilt. However, this Court has held that a voluntary guilty plea waives the requirement that the prosecution prove each element of the offense. Johnson v. State, 753 So.2d 449 (¶ 18) (Miss.Ct.App.1999). Rule 8.04(A)(3) of the Uniform Circuit and County Court Rules states:

3. Voluntariness. Before the trial court may accept a plea of guilty, the court *1234 must determine that the plea is voluntarily and intelligently made and that there is a factual basis for the plea. A plea of guilty is not voluntary if induced by fear, violence, deception, or improper inducements. A showing that the plea of guilty was voluntarily and intelligently made must appear in the record.

The transcript reveals that the trial court determined that Swift's plea was voluntary based upon his responses to the court's questions regarding his plea. As a basis for the plea, Swift stated that he was in fact guilty of possession of cocaine as set forth in the indictment. The trial court complied with the voluntariness standard stated above. We find that this issue is without merit.

II.

Whether the State violated Rule 4.06 of the Mississippi Criminal Rules of Circuit Court Practice (now called Rule 9.04 of the Uniform Rules of Circuit and County Court Practice).

¶ 12.

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Bluebook (online)
815 So. 2d 1230, 2001 WL 1469040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-v-state-missctapp-2001.