Walton v. State

752 So. 2d 452, 1999 WL 1061073
CourtCourt of Appeals of Mississippi
DecidedNovember 23, 1999
Docket1999-CP-00171-COA
StatusPublished
Cited by10 cases

This text of 752 So. 2d 452 (Walton 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
Walton v. State, 752 So. 2d 452, 1999 WL 1061073 (Mich. Ct. App. 1999).

Opinion

752 So.2d 452 (1999)

Mickey Jerome WALTON, Appellant,
v.
STATE of Mississippi, Appellee.

No. 1999-CP-00171-COA.

Court of Appeals of Mississippi.

November 23, 1999.

*453 Mickey Jerome Walton, Appellant, pro se.

Office of the Attorney General by Jeffrey A. Klingfuss, Attorney for Appellee.

BEFORE SOUTHWICK, P.J., LEE, AND PAYNE, JJ.

LEE, J., for the Court:

¶ 1. Mickey Jerome Walton was indicted for capital murder; however, he subsequently pled guilty to murder and was sentenced to life imprisonment with the possibility of parole after serving ten years of the life sentence in the custody of the Mississippi Department of Corrections. After sentencing by the trial judge, Walton filed the following pro se petitions and motions: (1) a motion for post-conviction collateral relief, (2) a petition for guilty plea transcript and to proceed in forma pauperis, and (3) motion for reduction of sentence. The trial court entered separate orders denying relief to Walton on each of the aforementioned petitions and motions. It is from these denials that Walton has filed his timely pro se notice of appeal. Walton has asserted several vague issues on appeal, but it is only necessary for this Court to address the following issues: (1) whether the trial court erred in allowing the State to file a response to the petition for post-conviction collateral relief filed by Walton, (2) whether the trial court erred in denying a free copy of the transcript of his guilty plea hearing, and (3) whether the trial court erred in sentencing Walton to life imprisonment with the possibility of parole after serving ten years. Finding these issues to have no merit we affirm the decision of the trial court.

FACTS

¶ 2. A grand jury indicted Walton and Carlos Twillie for killing Jack Thornton while they were committing burglary of an inhabited dwelling, in that Jack Thornton was killed in his own home during the time Walton and Twillie were committing the burglary. Walton and Twillie were indicted for capital murder. Walton was found to be a pauper and was appointed counsel to represent him. Subsequently, the State and the attorneys for Walton entered a plea agreement for murder to which Walton accepted and pled guilty. As a result of his guilty plea, the trial court sentenced Walton to a life sentence with the possibility of parole after ten years of serving the life sentence according to Miss.Code Ann. § 47-7-3 (Supp.1999) in the custody of the Mississippi Department of Corrections. Subsequently, Walton filed a motion for post-conviction collateral relief, a petition for guilty plea transcript and to proceed in forma pauperis, and a motion for reduction for sentence in an effort to obtain an evidentiary hearing and reduction of his sentence. The State filed responses to all of the motions and petitions filed by Walton. The trial court entered orders which denied each of the aforementioned motions *454 and petitions filed by Walton. Subsequently, Walton filed a notice of appeal. Additional facts will be addressed as necessary in the discussion of the issues.

DISCUSSION

I. ERRED IN ALLOWING THE STATE TO FILE A RESPONSE TO THE PETITION OF POST-CONVICTION COLLATERAL RELIEF FILED BY WALTON.

¶ 3. Walton argues that since the trial court had not ordered the State to respond to his petitions and motions, according to the language of Miss.Code Ann. § 99-39-11(3) (Supp.1999), the State's responses were a violation of the aforementioned code section and should have been stricken. Walton has misconstrued this statute.

¶ 4. In the case at bar, it appears that before Walton even has to contend with whether the State's responses were proper he has to overcome the language of Miss. Code Ann. § 99-39-11(2) (Supp.1999) which states that "[i]f it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief, the judge may make an order for its dismissal and cause the prisoner to be notified." This is in fact what happened. The trial judge entered three separate orders addressing the request for petition for guilty plea, post-conviction collateral relief, and reduction of sentence. The trial court summarily denied all of Walton's petitions and motions requesting relief from the court. Miss.Code Ann. § 99-39-11(3) only becomes effective if the trial court does not dismiss the motion under subsection two, and even once subsection three is activated nothing in this section's language forbids the State from filing a response prior to a court order, but states that "[i]f the motion is not dismissed under subsection (2) of this section, the judge shall order the state to file an answer or other pleading within the period of time fixed by the court or to take such other action as the judge deems appropriate." Therefore, we find the trial court did not err in considering the State's responses relative to the motions and petitions filed by Walton.

II. WHETHER THE TRIAL COURT ERRED IN DENYING A FREE COPY OF THE TRANSCRIPT OF HIS GUILTY PLEA HEARING.

¶ 5. Walton begins his argument by contending that the trial court erred when it denied him in forma pauperis status. Walton continues his argument by asserting that since he was wrongfully denied the right to pursue his action as a pauper, he was therefore wrongfully denied a free copy of the transcript of his guilty plea hearing. However, Walton admits in his brief on appeal that he had been granted indigent status, and the trial court had appointed two defense attorneys to assist in his defense. M.R.A.P. 6(a)(2) allows an individual who has been granted in forma pauperis status at the trial level to proceed on appeal as a pauper without further authorization. The only caveat is that if before or after the notice of appeal is filed, the trial court shall certify that the party is no longer indigent, then the individual is denied in forma pauperis status. Furthermore, the court is required to state in writing the reasons for said finding and denial. Since Walton's admission of indigent status is supported by the record on appeal, this Court has little question that Walton was proceeding in forma pauperis at the time he petitioned the trial court for a free copy of his guilty plea transcript. This Court, being satisfied that Walton was proceeding in forma pauperis, must now determine whether he was entitled to a free copy of his guilty plea transcripts.

¶ 6. On direct appeal an indigent defendant is entitled to a free transcript. Fleming v. State, 553 So.2d 505, 507 (Miss. 1989). However, when the defendant pleads guilty, he bypasses the right to a direct appeal, and forfeits the right to a free transcript. Id.; see also U.S. v. MacCollom, 426 U.S. 317, 325, 96 S.Ct. 2086, 48 *455 L.Ed.2d 666 (1976). Since Walton pled guilty, he had forfeited his right to a free transcript.

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Bluebook (online)
752 So. 2d 452, 1999 WL 1061073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-state-missctapp-1999.