Haynes v. State
| Docket Number: | 2003-CP-02738-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Appellate review - Infancy - M.R.A.P. 4(f) - Voluntariness of plea Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-13-2003 Appealed from: Winston County Circuit Court Judge: Clarence E. Morgan, III Disposition: PETITION DENIED District Attorney: Doug Evans Case Number: 2003-002CVM |
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| Party Name: | Attorney Name: | |||
| Appellant: | Pierre Haynes |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Appellate review - Infancy - M.R.A.P. 4(f) - Voluntariness of plea |
| Summary of the Facts: | Pierre Haynes pled guilty to armed robbery and received a twenty-five year sentence with five years suspended and five years of supervised probation upon release of incarceration. He filed a motion for post-conviction relief which was denied. Haynes was granted leave to proceed in forma pauperis. Rather than appeal the denial of the first motion, Haynes filed a petition for writ of habeas corpus which was also denied. Sometime thereafter, Haynes filed an application in the Supreme Court for leave to proceed in the trial court. The Supreme Court dismissed the motion without prejudice in order for Haynes to file in the trial court. Haynes filed a second motion for post-conviction collateral relief and also filed a notice of appeal apparently attempting to seek review of the denial of the first motion. The court ruled that the court had already ruled on all dispositive motions concerning post-conviction relief and that Haynes’ only avenue left was to appeal the denial of the request. No notice of appeal has been filed seeking review of this final order. |
| Summary of Opinion Analysis: | Issue 1: Appellate review Although Haynes’ appeal appears to be time-barred, Haynes was and is under the disability of infancy which extends his time to file an appeal. Since Haynes was under the age of 21 at the time his motion for post-conviction collateral relief was denied, Haynes has two years in which to file a timely appeal under M.R.A.P. 4(f). Therefore, his appeal of the denial of his first motion, perfected less than one year thereafter, was timely. Since Haynes has not filed any notice of appeal with regard to the denial of his second motion, the Court has no power to review this denial. Issue 2: Voluntariness of plea Haynes argues that his plea was involuntarily entered because he was only sixteen years of age at the time his plea was entered, his parents were not present at the court proceedings, and he had been misled as to the length of the sentence he would receive if he pled guilty. A plea is deemed voluntary where the defendant is advised concerning the nature of the charge against him and the consequences of his plea. When a minor is no longer subject to the jurisdiction of the youth court, he may enter a guilty plea in the circuit court to an indictment charging him with a crime. Original jurisdiction of the charge of armed robbery was proper in the circuit court. Therefore, parental accompaniment was not required during the plea process. In addition, it is evident that Haynes was informed of the nature of the charges against him and the consequences of his guilty plea. |
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