Joiner v. State
| Docket Number: | 2009-CA-00220-COA Linked Case(s): 2009-CA-00220-COA ; 2009-CT-00220-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-09-2010 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Habitual offender status Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-15-2009 Appealed from: Lafayette County Circuit Court Judge: Andrew K. Howorth Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: L08-356 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ALBERT JOINER, JR. |
JAMES D. MINOR |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF ATTORNEY GENERAL: LISA LYNN BLOUNT | ||
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 - Habitual offender status |
| Summary of the Facts: | Albert Joiner, Jr., pled guilty to strong armed robbery and felony fleeing. He was sentenced as a habitual offender to fifteen years and four years, respectively, without eligibility for probation or parole. Joiner filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment Joiner argues that the indictment charging him with armed robbery was defective because his indictment did not properly conclude with the words “against the peace and dignity of the State.” Any non-jurisdictional defect in an indictment or information against a defendant is considered waived when a defendant enters a valid plea of guilty. In addition, Joiner’s indictment properly concludes with the language, “against the peace and dignity of the State.” Issue 2: Habitual offender status Joiner argues that no proof was presented at his plea hearing as to whether he was a previously-convicted felon. When the accused makes a valid decision to forego his or her right to a criminal trial and instead pleads guilty to the principal offense as a habitual offender, he or she waives the right that the prosecution must prove the prior offenses beyond a reasonable doubt. Joiner’s indictment delineated five previous felony offenses for which he was convicted. In Joiner’s plea petition, which he signed, he admitted that he had been previously convicted of the same felony offenses set forth in the indictment. Thus, the circuit court properly sentenced Joiner as a habitual offender. |
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