Armon Andre Randall v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2006-CA-00950-COA
ARMON ANDRE RANDALL
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
11/3/2006
HON. ROGER T. CLARK
HARRISON COUNTY CIRCUIT COURT
JOHN H. WHITFIELD
OFFICE OF THE ATTORNEY GENERAL
BY: JEFFREY A. KLINGFUSS
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DENIED
AFFIRMED - 2/19/2008
BEFORE MYERS, P.J., IRVING AND ISHEE, JJ.
MYERS, P.J., FOR THE COURT:
¶1.
In May 2002, Armon Andre Randall pleaded guilty to capital murder, which was committed
in 1993, and was sentenced to life without parole pursuant to Mississippi Code Annotated section
97-3-21 (Rev. 2006). Randall’s sentence was ordered to run concurrently with his sentence in case
number B2401-94-444.1 In July 2005, Randall filed his motion for post-conviction collateral relief
to vacate and set aside his conviction and sentence based upon an illegal sentence; however, his
motion was denied for being filed untimely. He argues to this Court that his case is excepted from
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Randall was initially found guilty of capital murder in 1998 and sentenced to death.
However, the supreme court overturned his conviction and remanded the case for a new trial. See
Randall v. State, 806 So. 2d 185, 235 (¶145) (Miss. 2001). On remand, in 2002, Randall pleaded
guilty. It is from this guilty plea that Randall seeks post-conviction relief.
the usual three-year time limit because his appeal concerns issues affecting his fundamental
constitutional rights.
¶2.
Finding no merit, we affirm the denial of Randall’s motion for post-conviction relief.
STANDARD OF REVIEW
¶3.
This Court will not disturb the trial court’s factual findings, when reviewing a decision to
deny a petition for post-conviction relief, unless they are found to be clearly erroneous. Brown v.
State, 731 So. 2d 595, 598 (¶6) (Miss. 1999). However, the applicable standard of review is de novo
where questions of law are raised. Id.
DISCUSSION
¶4.
While post-conviction relief is generally controlled by a three-year statute of limitations, that
time-bar does not occur when one’s fundamental constitutional rights are at stake. Ivy v. State, 731
So. 2d 601, 603 (¶13) (Miss. 1999). However, “[t]here must at least appear to be some basis for the
truth of the claim before the limitation period will be waived.” Cochran v. State, 969 So. 2d 119,
121 (¶4) (Miss. Ct. App. 2007). With this standard in mind, we turn to the central concern of
Randall’s argument.
¶5.
Randall argues that his sentence of life without parole, pursuant to Mississippi Code
Annotated section 97-3-21, violates his fundamental constitutional rights because the sentence is
harsher than the available sentence at the time the crime was committed. Randall asserts that his
right against ex post facto application of the law guards against such a sentence of life without
parole, and he seeks to have his conviction set aside and vacated.
¶6.
The statute in effect at the time of Randall’s crime provided two options for sentencing in
a capital murder conviction: death and life imprisonment. However, by the time Randall went to
trial, Mississippi Code Annotated section 97-3-21 was amended to provide an additional sentencing
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option for a capital murder conviction, life imprisonment without parole. In amending the statute,
the Mississippi Legislature made clear that “[t]he provisions of this act shall apply to any case in
which pre-trial, trial or resentencing proceedings take place after July 1, 1994.” 1994 Miss. Laws
Ch. 566, §5.
¶7.
Randall does not present a novel issue for our decision today. Our supreme court has
previously addressed an issue concerning a crime committed before the enactment of Mississippi
Code Annotated section 97-3-21, which provided the option of life imprisonment without parole,
in Foster v. State, 961 So. 2d 670, 672 (¶¶7-8) (Miss. 2007). In Foster, the court held that the
imposition of the new sentencing option of life without parole did not violate the prohibition against
ex post facto laws. Id.
¶8.
Sentencing under Mississippi Code Annotated section 97-3-21 “clearly and lawfully directed
capital defendants whose pre-trial, trial or resentencing proceedings take place after July 1, 1994,
to have their sentencing juries given the option of life without parole in addition to life with the
possibility of parole and death.” Rubenstein v. State, 941 So. 2d 735, 790-91 (¶258) (Miss. 2006).
Thus, Randall’s sentence of life without parole, following his plea of guilty, does not violate his
constitutional right against ex post facto application of the law. Because there is no constitutional
violation, we affirm the circuit court’s judgment to deny Randall’s motion for post-conviction relief
as untimely filed.
¶9.
THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY DENYING
THE MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS
APPEAL ARE ASSESSED TO HARRISON COUNTY.
KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE,
ROBERTS AND CARLTON, JJ., CONCUR.
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