Riggs v. State
| Docket Number: | 2006-CA-00482-COA Linked Case(s): 2006-CA-00482-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Voluntariness of plea - Defective indictment Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, 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: 02-28-2006 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: POST-CONVICTION RELIEF DENIED Case Number: CV2006-0017CD |
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| Party Name: | Attorney Name: | |||
| Appellant: | ROBERT RIGGS A/K/A ROBERT F. RIGGS |
ROBERT RIGGS (PRO SE)
ROY KENIONNE SMITH |
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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 - Successive writ - Voluntariness of plea - Defective indictment |
| Summary of the Facts: | Robert Riggs pled guilty to aggravated assault and was sentenced to twenty years. He filed a motion for post-conviction relief which was denied. He appealed, and the Court of Appeals affirmed. Riggs filed a second PCR motion, which the court also denied. He appeals. |
| Summary of Opinion Analysis: | Riggs second PCR motion is procedurally barred as a successive writ. Riggs claims that he pled guilty to simple assault and by accepting his plea as that for aggravated rather than simple assault, the court erred. Riggs was indicted on two counts of aggravated assault and one count of kidnapping. In return for a guilty plea, the State agreed to drop one of the aggravated assault charges and the charge for kidnapping. Therefore, Riggs filed an open plea of guilt in which he stated that he was guilty of one count of aggravated assault. At the hearing to determine the voluntariness of his plea, the trial judge began by asking Riggs if he understood that he was charged with aggravated assault. Riggs replied in the affirmative. Therefore, Riggs did knowingly and voluntarily plead guilty to the charge of aggravated assault. Riggs also argues that the indictment charging him with aggravated assault is faulty because it did not include the specific language required under section 97-3-7(2)(b). However, the text of the indictment sufficiently tracks the language of the statute. Riggs also argues that the court improperly instructed that a direct appeal of his sentence would be unavailable to him pursuant to a guilty plea. The court did not tell Riggs that he could not appeal his sentence but was merely instructing Riggs of the rights he would waive pursuant to a guilty plea. |
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