Young v. State

797 So. 2d 239, 2001 WL 19742
CourtCourt of Appeals of Mississippi
DecidedJanuary 9, 2001
Docket1999-CP-00328-COA
StatusPublished
Cited by16 cases

This text of 797 So. 2d 239 (Young 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
Young v. State, 797 So. 2d 239, 2001 WL 19742 (Mich. Ct. App. 2001).

Opinion

797 So.2d 239 (2001)

Robert YOUNG, Appellant
v.
STATE of Mississippi, Appellee.

No. 1999-CP-00328-COA.

Court of Appeals of Mississippi.

January 9, 2001.

*241 Robert Young, Appellant, pro se.

Office of the Attorney General by Jean Smith Vaughan, Jackson, Attorney for Appellee.

Before SOUTHWICK, P.J., LEE, and THOMAS, JJ.

LEE, J., for the Court:

¶ 1. Young pled guilty to one count of attempted robbery and one count of accessory after the fact to robbery. Subsequently, Young filed a pro se petition for post-conviction collateral relief which was denied by the trial judge. Feeling aggrieved, Young has filed a timely pro se appeal and asserts that several errors occurred at the time he pled guilty to the crimes and that said errors merit setting aside his guilty pleas. Young presents the following five issues: (1) whether the indictment was improperly amended, (2) whether Young's guilty plea was knowingly, intelligently, and voluntarily entered, (3) whether error was committed by the trial court regarding informing Young of the sentences that could be imposed for the crimes of attempted robbery and accessory after the fact to robbery, (4) whether the available evidence failed to prove that Young was an accessory after the fact to robbery, and (5) whether Young was denied effective assistance of counsel at his guilty plea hearing. Finding these issues without merit, we affirm the trial court's denial of the petition for post-conviction collateral relief filed by Young.

*242 FACTS AND RELEVANT PROCEDURE

¶ 2. Young was originally indicted by the grand jury for two counts of armed robbery. The first count of armed robbery was based on Young and a co-indictee's unsuccessful attempt to rob Pearson's Pawn and Gift Shop. Count two was based on the co-indictee's taking of an automobile from Christina R. Murry. Young was not present at the time the automobile was taken from Murry; however, he later entered the automobile and he and the coindictee fled to Lumberton.

¶ 3. As aforementioned, Young was indicted for two counts of armed robbery; however, contingent on Young entering pleas of guilty, the district attorney made a motion to reduce the indicted offenses to count one—attempted robbery and count two—accessory after the fact to robbery. The trial court granted the State's motion, and Young entered pleas of guilty to both counts. All other relevant facts will be addressed in the discussion of the issues.

DISCUSSION

I. WHETHER THE INDICTMENT WAS IMPROPERLY AMENDED.

¶ 4. Young argues that the indictment was improperly amended because the State and the trial court lacked the authority to sentence him under MISS. CONST. art. III, § 27 since he had not originally been indicted for the crimes of attempted robbery and accessory after the fact to robbery. The State counters this argument and asserts that Young was properly notified of the charges against him prior to the entry of his guilty pleas. However, this Court has determined that the true issue is not whether the State properly amended the indictment, but whether the State and the trial court abused their authority in reducing Young's charges in the context of a plea bargain agreement.

¶ 5. The record reveals that Young's charges were reduced pursuant to the plea bargaining process. Uniform Rules of Circuit and County Court Rule 8.04(B)(1) and (2) state:

(1) The prosecuting attorney is encouraged to discuss and agree on pleas which may be entered by the defendant. Any discussions or agreements must be conducted with the defendant's attorney, or if defendant is unrepresented, the discussion and agreement may be conducted with the defendant.
(2) The prosecuting attorney, defendant's attorney, or the defendant acting pro se, may reach an agreement that upon an entry of a plea of guilty to the offense charged or to a lesser or related offense, the attorney for the state may do any of the following.

Of primary importance to our case is the language in subsection (2) which allows the prosecuting attorney to reach an agreement with a defendant not only regarding the original offense charged but also to a lesser or related offense. In the case at bar, we are dealing with the entry of guilty pleas to attempted robbery and accessory after the fact to robbery are classified as lesser offense crimes. See Johnson v. State, 757 So.2d 345, 348 (¶¶ 12-16) (Miss. Ct.App.1999); Jefferson v. State, 556 So.2d 1016, 1019-20 (Miss.1989). Although these crimes are separate and distinct crimes from that of armed robbery they derive out of a common nucleus of operative facts. Id.; see also Miss.Code Ann. § § 97-1-5, 97-1-7 (Rev.2000). The facts that substantiate the crimes of attempted robbery and accessory after the fact to armed robbery are substantially related to those which form the basis for the two counts of armed robbery charged in the indictment.

*243 ¶ 6. Young testified that he was present at the pawn shop carrying a weapon, and although it was his co-indictee, and not himself who actually brandished a weapon, Young admitted he went to the pawn shop with the intent to rob it. Young and the co-indictee's completion of the crime was thwarted by Eddie Pearson. Young and his co-indictee left Purvis in an automobile which the co-indictee had obtained by force from Murry. The testimony of Young revealed that he freely and voluntarily entered the automobile knowing that it did not belong to the co-indictee and fled to Lumberton where they hoped to receive assistance for the co-indictee's gunshot wound.

¶ 7. In the past, in a situation similar to ours, the Mississippi Supreme Court held that if a defendant were indicted for attempted armed robbery, but subsequently pled guilty to accessory after the fact to armed robbery, his sentence would be void as it regards the charge of accessory after the fact to armed robbery. Box v. State, 241 So.2d 158, 159 (Miss.1970). The reasoning behind this conclusion was that the crime of accessory after the fact to armed robbery was a separate and distinct offense from attempted armed robbery; therefore, the defendant was pleading guilty and being punished for an offense he had never been indicted for by the grand jury. Id. However, in the more recent Mississippi Supreme Court decision of Jefferson v. State, the court overruled its holding in Box v. State. Jefferson v. State, 556 So.2d 1016, 1021 (Miss.1989).

¶ 8. In Jefferson v. State, the Mississippi Supreme Court once again addressed whether the circuit court had properly maintained jurisdiction and sentencing authority over Jefferson for crimes that he had entered guilty pleas to, but had not originally been indicted for by the grand jury. Jefferson, 556 So.2d at 1021. Jefferson was originally indicted for two counts of burglary; however, pursuant to a plea agreement he entered pleas of guilty to the related crimes of grand larceny. Id. at 1017. On appeal, Jefferson was contending that the trial court could not use his previous pleas to grand larceny to sentence him as an habitual, because in 1981 the trial court lacked authority to sentence him since he had been indicted for burglary and not grand larceny. Id. The majority of the supreme court concluded that the circuit court did maintain jurisdiction and sentencing authority. Id. at 1021.

¶ 9. In its opinion, the supreme court noted that the crimes of burglary and grand larceny are separate and distinct crimes. Id. at 1018.

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Cite This Page — Counsel Stack

Bluebook (online)
797 So. 2d 239, 2001 WL 19742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-state-missctapp-2001.