Yeatman v. State
| Docket Number: | 2010-CP-00847-COA Linked Case(s): 2010-CT-00847-SCT ; 2010-CT-00847-SCT ; 2010-CT-00847-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-09-2011 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Amendment to indictment - Illegal sentence - Section 97-3-7(1) - Section 63-11-30(2)(c) - Habitual offender status - Section 99-19-81 - Section 99-19-83 Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-18-2010 Appealed from: Oktibbeha County Circuit Court Judge: James T. Kitchens, Jr. Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2009-0476-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jeffrey Wayne Yeatman |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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 - Amendment to indictment - Illegal sentence - Section 97-3-7(1) - Section 63-11-30(2)(c) - Habitual offender status - Section 99-19-81 - Section 99-19-83 |
| Summary of the Facts: | Jeffrey Yeatman pled guilty to simple assault of a law-enforcement officer. Yeatman also pled guilty to two counts of felony driving under the influence. In the sentencing order for his simple-assault conviction, Yeatman was ordered to serve five years, as well as pay a $5,000 fine in conjunction with one of the felony DUI counts. Yeatman filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Amendment to indictment Yeatman argues that his indictment was illegally amended. At some point prior to the guilty-plea hearing, the word “deputy” in the indictment was struck through and replaced with the words “law enforcement officer.” It is well settled that a valid guilty plea waives certain constitutional rights, including insufficiencies or defects in indictments. In addition, since the amendment did not materially alter facts which are the essence of the offense, the amendment was clearly one of form and not substance and, thus, did not violate Yeatman’s due-process rights. Issue 2: Illegal sentence Yeatman argues that his sentence was illegal, because the trial court ordered him to pay a $5,000 fine on the simple-assault conviction in violation of section 97-3-7(1). Section 97-3-7 provides for a maximum fine of $1,000 if convicted of simple assault on a law-enforcement officer. The trial court’s statements during the plea colloquy are confusing and make it appear that Yeatman was ordered to pay a $5,000 fine on the simple-assault conviction. However, the sentencing order for the simple-assault conviction states that the $5,000 fine was ordered to be paid pursuant to Yeatman’s conviction on one of the felony DUI convictions. Since this particular DUI conviction was a third offense, the fine ordered was the maximum as prescribed by section 63-11-30(2)(c). Issue 3: Habitual offender status Yeatman argues that the indictment failed to charge him as a habitual offender. Prior to the plea colloquy, the State informed the trial court that it had reached a plea agreement with Yeatman, where Yeatman would plead guilty and, in return, he would be sentenced as a habitual offender under section 99-19-81 rather than section 99-19-83. Section 99-19-81 orders the maximum sentence for the charged felony, whereas section 99-19-83 orders a mandatory life sentence. At that point, the State moved to amend the indictment to include Yeatman’s prior felony convictions. Yeatman did not object, and the indictment was amended. The record is clear that Yeatman was aware that he was being charged as a habitual offender and had no objection. |
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