Welch v. State
| Docket Number: | 2006-CP-00057-COA Linked Case(s): 2006-CP-00057-COA ; 2006-CT-00057-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Voluntariness of plea Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 12-08-2005 Appealed from: PIKE COUNTY CIRCUIT COURT Judge: Mike Smith Disposition: POST-CONVICTION PETITION DENIED. Case Number: 05-348-PCS |
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| Party Name: | Attorney Name: | |||
| Appellant: | BILLY WELCH |
BILLY WELCH (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Defective indictment - Voluntariness of plea |
| Summary of the Facts: | Billy Welch pled nolo contendere to harboring an escaped prisoner. The trial court sentenced him to serve five years, suspended. Welch’s probation was revoked, because he was three times in the company of a convicted felon. Welch filed a motion for post-conviction relief, which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment Welch argues that he was innocent of harboring an escaped prisoner and that the prisoner’s statement was insufficient to support the indictment, because she was coerced into giving the statement and has recanted. A nolo plea waives the right to contest the truth of the charge, and the defendant submits to the punishment. Likewise, a guilty plea waives the right to challenge the sufficiency of the evidence. Therefore, Welch waived the arguments that the evidence was insufficient to indict him and that he was innocent. Issue 2: Voluntariness of plea Welch argues that his plea was involuntary, because he was not aware of the terms of the probation that the district attorney’s office would recommend. A plea is voluntary and intelligent when the defendant is informed of the charges against him and the consequences of his plea. Welch’s plea was voluntarily and knowingly made. He was aware of the terms of the probation and admitted that those terms would not have affected his decision to plead anyway. |
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