Brewer v. State
| Docket Number: | 2004-CP-02044-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-31-2006 Opinion Author: Griffis, J. Holding: AFFIRMED |
|
| Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing - Sufficiency of indictment - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 09-02-2004 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Forrest Allgood Case Number: 2004-0090-CV1 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Willie Lee Brewer |
WILLIE LEE BREWER (PRO SE) |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
|
|
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. |
|
| Topic: | Post-conviction relief - Evidentiary hearing - Sufficiency of indictment - Ineffective assistance of counsel |
| Summary of the Facts: | Willie Brewer pled guilty to aggravated assault. He was sentenced to twenty years. Brewer filed a petition for post-conviction relief, which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Evidentiary hearing Brewer argues that the mere fact that he stated at the plea hearing that his plea was voluntary is not enough to deprive him of the right to an evidentiary hearing. If it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief, the judge may make an order for its dismissal and cause the prisoner to be notified. It was evident from the face of his motion and affidavits that Brewer was not entitled to an evidentiary hearing. Issue 2: Sufficiency of indictment Brewer argues that the indictment was insufficient to charge him with aggravated assault, because it did not allege that he caused “serious bodily injury” to the victim. Where there is an attempt to cause injury, there is no requirement that the victim actually be injured. Essentially, the indictment charged Brewer with attempting to cause bodily injury to the victim by firing a gun at her, without any legal justification. The indictment tracks the statutory language. Thus, the indictment was sufficient to charge Brewer with the crime of aggravated assault. Issue 3: Ineffective assistance of counsel Brewer argues that his attorney told him that he would receive life without parole if he went to trial and without this advice, he would not have pled guilty to aggravated assault. Brewer’s attorney’s advice was correct. Even if Brewer had a valid defense to the aggravated assault count, he confessed to the crime of possession of a firearm by a convicted felon. The jury would have had no choice but to convict him of this charge. Also, the State planned to amend the indictment to have Brewer sentenced as an habitual offender. If Brewer went to trial, he would have received life in prison without parole. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
