Ivy v. State


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Docket Number: 2009-CP-00227-COA
Linked Case(s): 2009-CP-00227-COA

Court of Appeals: Opinion Link
Opinion Date: 11-10-2009
Opinion Author: CARLTON, J.
Holding: AFFIRMED

Additional Case Information: Topic: Post-conviction relief - Defective indictment - Factual basis for plea - Ineffective assistance of counsel
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS AND MAXWELL, JJ.,
Concur in Part, Concur in Result 1: IRVING, J.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 01-20-2009
Appealed from: LEE COUNTY CIRCUIT COURT
Judge: Paul S. Funderburk
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: CV08-126-PF-L

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: MARICUS IVY




MARICUS IVY (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT  

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Topic: Post-conviction relief - Defective indictment - Factual basis for plea - Ineffective assistance of counsel

Summary of the Facts: Maricus Ivy pled guilty to two counts of sexual battery. He was sentenced, on each count, to thirty years, with fifteen years suspended and fifteen years to serve, followed by five years of post-release supervision. Ivy filed a motion for post-conviction relief which was denied. He appeals.

Summary of Opinion Analysis: Issue 1: Defective indictment Ivy argues that the indictment charging him with two counts of sexual battery was void for failure to state the Mississippi Code section that he violated and therefore, the circuit court lacked jurisdiction to accept his guilty plea or sentence him. The purpose of an indictment is to adequately advise a defendant of the charges against him so as to allow him the opportunity to prepare an effective defense. Here, the failure to reference the statute did nothing to frustrate that purpose. Thus, Ivy waived his argument as to defects in the indictment when he pled guilty. Issue 2: Factual basis for plea Ivy argues that since the prosecution did not have DNA evidence or a rape kit to prove penetration, and because he only faced one count of sexual battery in pretrial proceedings, there was no factual basis that he committed the crimes to which he pled guilty. If an indictment is found to be sufficiently specific, it can be used as the sole source of the factual basis for a guilty plea. Ivy testified before the circuit judge that: he had read and understood the indictment; his attorney had gone over the charges with him carefully on more than one occasion; his guilty pleas were free and voluntary on his part; and he made his own decision to plead guilty. Ivy also admitted that he committed two counts of sexual battery. Thus, there was a factual basis for the trial court to accept Ivy's guilty pleas. Issue 3: Ineffective assistance of counsel Ivy argues that his counsel failed to object to the indictment and coerced him into pleading guilty to two counts of sexual battery even though there was no factual basis for the guilty pleas. While under oath, Ivy stated that he was satisfied with his attorney’s services and advice. Ivy also testified that his attorney had carefully explained the charges to him before he pled guilty. The record therefore contains no proof to support Ivy’s claims that his attorney’s representation of him was deficient.


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