Jessie Beal v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2010-CP-00164-COA
JESSIE BEAL
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
01/08/2010
HON. WILLIAM E. CHAPMAN III
MADISON COUNTY CIRCUIT COURT
JESSIE BEAL (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JEFFREY A. KLINGFUSS
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DISMISSED
AFFIRMED - 03/29/2011
BEFORE LEE, C.J., BARNES AND MAXWELL, JJ.
LEE, C.J., FOR THE COURT:
FACTS AND PROCEDURAL HISTORY
¶1.
On May 27, 2009, in the Madison County Circuit Court, Jessie Beal pleaded guilty
to one count of statutory rape. Beal was sentenced to serve twenty-seven years in the
custody of the Mississippi Department of Corrections. Beal subsequently filed a motion for
post-conviction relief. The trial court dismissed Beal’s motion. Beal now appeals asserting
the following issues: (1) he was denied his right to a timely initial appearance; (2) his
constitutional rights were violated; (3) his trial counsel was ineffective; and (4) his guilty
plea was not knowingly and intelligently entered. Finding no error, we affirm.
STANDARD OF REVIEW
¶2.
When reviewing a trial court’s denial or dismissal of a motion for post-conviction
relief, we will reverse the judgment of the lower court only if its factual findings are clearly
erroneous; however, we review the circuit court’s legal conclusions under a de novo standard
of review. Doss v. State, 19 So. 3d 690, 694 (¶5) (Miss. 2009).
DISCUSSION
I. TIMELY INITIAL APPEARANCE
II. CONSTITUTIONAL RIGHT TO A TIMELY INITIAL APPEARANCE
¶3.
In his first two issues, Beal argues that he was denied a timely initial appearance and
his constitutional rights were violated when the trial court failed to give him a timely initial
appearance. Upon the entry of a valid guilty plea, certain challenges are waived by the
defendant, including the right to an initial appearance. Davis v. State, 967 So. 2d 1269, 1270
(¶4) (Miss. Ct. App. 2007); Battaya v. State, 861 So. 2d 364, 366 (¶¶7-8) (Miss. Ct. App.
2003). These issues are without merit.
III. INEFFECTIVE ASSISTANCE OF COUNSEL
¶4.
In his third issue on appeal, Beal argues that his trial counsel was ineffective for
failing to raise the issue of Beal’s initial appearance. According to Beal’s brief, his initial
appearance occurred six days after his arrest in violation of Rule 6.03 of the Uniform Rules
of Circuit and County Court, which requires an initial appearance within forty-eight hours
of arrest.
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¶5.
Prisoners alleging ineffective assistance of counsel in a motion for post-conviction
relief must show the elements of the claim with specificity and detail. Sandifer v. State, 799
So. 2d 914, 918 (¶12) (Miss. Ct. App. 2001). Specifically, Beal must allege facts showing
his counsel’s performance was deficient, and that the deficient performance prejudiced his
defense. Strickland v. Washington, 466 U.S. 668, 687 (1984).
¶6.
As previously discussed, by pleading guilty, Beal waived any challenge to his initial
appearance. We cannot find that Beal’s attorney was deficient in failing to raise this issue
during Beal’s guilty plea hearing. Furthermore, Beal has failed to state with particularity
how his counsel’s performance was deficient and any resulting prejudice. This issue is
without merit.
IV. VOLUNTARINESS OF GUILTY PLEA
¶7.
In his final issue on appeal, Beal argues that the timing of his initial appearance
influenced his decision to enter a guilty plea. Other than this single assertion, Beal offers no
facts to support his claim that the timing of his initial appearance had any bearing on his
guilty plea. A plea is considered “voluntary and intelligent” if the defendant is advised
regarding the nature of the charge against him and of the consequences of the guilty plea.
Alexander v. State, 605 So. 2d 1170, 1172 (Miss. 1992). According to the plea colloquy,
Beal admitted that he was guilty of statutory rape. Beal was also informed of the effect of
the plea, the rights he would waive if he pleaded guilty, and the possible sentence he could
receive. This issue is without merit.
¶8.
THE JUDGMENT OF THE MADISON COUNTY CIRCUIT COURT
DISMISSING THE MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED.
ALL COSTS OF THIS APPEAL ARE ASSESSED TO MADISON COUNTY.
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IRVING AND GRIFFIS, P.JJ., MYERS, BARNES, ISHEE, ROBERTS AND
MAXWELL, JJ., CONCUR. CARLTON, J., CONCURS IN RESULT ONLY
WITHOUT SEPARATE WRITTEN OPINION.
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