Watson v. State

100 So. 3d 1034, 2012 Miss. App. LEXIS 693, 2012 WL 5477322
CourtCourt of Appeals of Mississippi
DecidedNovember 13, 2012
DocketNo. 2011-CP-00763-COA
StatusPublished
Cited by12 cases

This text of 100 So. 3d 1034 (Watson 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
Watson v. State, 100 So. 3d 1034, 2012 Miss. App. LEXIS 693, 2012 WL 5477322 (Mich. Ct. App. 2012).

Opinion

RUSSELL, J.,

for the Court:

¶ 1. Louis Watson Jr. appeals the Grenada County Circuit Court’s order denying his motion for post-conviction relief (PCR). On appeal, Watson claims: (1) he did not admit to knowingly and intentionally committing statutory rape; (2) the State failed to prove his age or the age of the victim; (3) he did not knowingly and voluntarily enter his guilty plea; (4) the circuit court erred in not ordering a mental examination and subsequent competency hearing before accepting his guilty plea; and (5) he received ineffective assistance of counsel. Finding no error, we affirm the circuit court’s denial of Watson’s PCR motion.

FACTS AND PROCEDURAL HISTORY

¶ 2. Watson was indicted for statutory rape under Mississippi Code Annotated section 97-3-65(l)(b). On January 11, 2010, Watson pleaded guilty and was sentenced to a term of twenty years imprisonment in the custody of the Mississippi Department of Corrections. On March 24, 2011, Watson filed a PCR motion. On May 11, 2011, the Grenada County Circuit Court entered an order denying Watson’s motion. From this order, Watson now appeals.

STANDARD OF REVIEW

¶ 3. This Court will not disturb the circuit court’s dismissal of a PCR motion unless the decision is clearly erroneous. Williams v. State, 872 So.2d 711, 712 (¶ 2) (Miss.Ct.App.2004). For issues involving questions of law, the applicable standard of review is de novo. Id. (citing Pace v. State, 770 So.2d 1052, 1053 (114) (Miss.Ct.App.2000)).

DISCUSSION

I. Whether Watson admitted to knowingly and intentionally committing rape.

¶ 4. Watson claims he is entitled to post-conviction relief because he never [1037]*1037stated that he knowingly and intentionally committed the crime of statutory rape. Statutory rape is committed when “[a] person of any age has sexual intercourse with a child who: (i)[i]s under the age of fourteen (14) years; (ii)[i]s twenty-four (24) or more months younger than the person; and (iii)[i]s not the person’s spouse.” Miss.Code Ann. § 97-3-65 (Supp.2012).

¶ 5. During his plea hearing, Watson agreed to the factual basis provided by the State. A review of the transcript shows the following colloquy between the circuit court, the State, and Watson.

STATE: ... Louis Watson, on or about between January 1, 2009, and July 16, 2009, here in Grenada County, Mississippi, within the jurisdiction of this Court, ... did willfully, unlawfully and feloniously have sexual intercourse with [Jane Doe],1 a child under the age of 14 years, at a time when the said child was 24 or more months younger than Louis Watson, and was not his spouse, in violation of the law being [s]eetion 97-3-65-1(b)....
[[Image here]]
After he was arrested and was advised it was time to plead the fifth, he admitted to having sex with the child on several occasions.
COURT: Mr. Watson, you’ve heard the facts the State would intend to prove at trial if the case were to go to trial. Do you agree with those facts?
WATSON: Yes, sir.
COURT: Are you pleading guilty to the crime of statutory rape because you are, in fact, guilty?
WATSON: Yes, sir.

II6. A factual basis may be established by an admission of the defendant. Wilkerson v. State, 89 So.3d 610, 615 (¶ 18) (Miss.Ct.App.2011) (citing Jones v. State, 976 So.2d 407, 411-12 (¶ 10) (Miss.Ct.App.2008)). Here, Watson did not dispute the facts presented by the State, nor did he offer any evidence to contradict the State’s factual basis. The victim was fourteen years old when she delivered a stillborn child in July 2009 that Watson admitted to fathering. Watson was nineteen years old at the time of his plea in January 2010. Based on Watson’s own in-court affirmation of the State’s factual basis, and his admission of guilt, Watson’s contention that he never admitted to knowingly and intentionally committing statutory rape is without merit.

II. Whether the State failed to prove Watson’s age or the age of the victim.

¶ 7. Watson contends that his age and the age of the victim at the time of the crime were never proven by the State by introduction of a birth certificate. When the court asked for his age on the date of the plea hearing, Watson stated he was nineteen years old. The State presented evidence of the victim’s age at the plea hearing, which Watson did not contest.

STATE: In this particular case, [Jane Doe], the 14-year-old[ ]child, was admitted to the — went to the emergency room at Grenada Hospital in — labor and had a stillborn child on July 16, 2009. [Jane] said that the father of the child was the defendant, Louis Watson. A sample of his blood was obtained through a search warrant, [and] sent to GenQuest DNA laboratories for analysis. It came back that the probability [was] that he was the father[;] the DNA matched[;] and it was to ... 99.999999991%.
COURT: Mr. Watson, you’ve heard the facts the State would intend to prove [1038]*1038at trial if the case were to go to trial. Do you agree with those facts?
WATSON: Yes, sir.

¶ 8. A victim’s birth certificate is not required to prove the statutory-rape element of age. Wright v. State, 856 So.2d 341, 344 (¶ 9) (Miss.Ct.App.2003). Age may be adequately proven by testimony. Id. (citing Taylor v. State, 744 So.2d 306, 319 (¶ 54) (Miss.Ct.App.1999)). The record shows that the age of the victim was established without objection by Watson. Watson’s contention that the State failed to prove the age element of statutory rape is without merit.

III. Whether Watson’s plea was knowingly and voluntarily given.

¶ 9. Watson argues that his guilty plea was not a voluntary plea, but instead was the result of coercion. “A guilty plea is valid where it is entered into voluntarily, knowingly, and intelligently, with sufficient awareness of the relevant circumstances and likely consequences.” Carroll v. State, 963 So.2d 44, 46 (¶ 8) (Miss.Ct.App.2007)(quotations omitted).

¶ 10. The defendant bears the burden of proving the invalidity of a guilty plea by a preponderance of the evidence. Williams v. State, 31 So.3d 69, 74 (¶ 13) (Miss.Ct.App.2010) (citing Terry v. State, 839 So.2d 543, 545 (¶7) (Miss.Ct.App.2002)). “ ‘It is [the defendant’s] duty to justify his arguments of error with a proper record, which does not include mere assertions in his brief, or the trial court will be considered correct.’ ” Dearman v. State, 910 So.2d 708, 711 (¶8) (Miss.Ct.App.2005). Further, “Solemn declarations in open court carry a strong presumption of verity.” Mason v. State, 42 So.3d 629, 632 (¶ 7) (Miss.Ct.App.2010) (quoting Baker v. State, 358 So.2d 401, 403 (Miss.1978)).

¶ 11. A review of the transcript shows that Watson was thoroughly interrogated by the court to ensure that his guilty plea was freely and voluntarily given.

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Bluebook (online)
100 So. 3d 1034, 2012 Miss. App. LEXIS 693, 2012 WL 5477322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-state-missctapp-2012.