Luckett v. State
| Decision Date | 26 June 1991 |
| Docket Number | No. 89-KP-1339,89-KP-1339 |
| Citation | 582 So.2d 428 |
| Parties | Willie James LUCKETT v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Willie James Luckett, pro se.
Mike C. Moore, Atty. Gen., Jackson, Patricia W. Sproat, Sp. Asst. Atty. Gen., Jackson, for appellee.
Before ROY NOBLE LEE, C.J., and SULLIVAN and BANKS, JJ.
I.
Willie James Luckett appeals from the trial court's summary denial of his motion to vacate and set aside his 1980 convictions and sentences. Because Luckett was erroneously sentenced to life imprisonment after entering a plea of guilty to forcible rape, we reverse in part and remand to the trial court for resentencing. As to all other issues raised by Luckett, we affirm.
II.
On May 12, 1980, Willie James Luckett entered pleas of guilty in the Circuit Court of Leake County to forcible rape, two counts of kidnapping, and armed robbery. He was sentenced by the trial judge to life imprisonment on the rape conviction. The kidnapping convictions drew two (2) concurrent thirty (30) year terms, to be served consecutively to the life sentence. The armed robbery conviction drew a twenty (20) year sentence to run consecutive to the sentences imposed for rape and kidnapping.
On September 12, 1989, Luckett filed his motion to vacate and set aside his 1980 convictions and sentences. From summary denial of his motion, he appeals raising the following issues:
I.
Whether trial court was authorized to impose life sentence upon appellant when appellant entered plea of guilty to charge of "rape" and the law provided that such sentence was within the sole province of a jury.
II.
Whether indictments were fatally defective where grand jury which returned indictments was not sworn; grand jury did not return indictment into open court and presiding judge did not sign minutes of grand jury report all of which was required by state statutory language.
III.
Whether appellant's multiple pleas to crimes arising from one incident or from a continued transaction subjected appellant to double jeopardy in violation of the 5th and 14th amendments to the United States Constitution and the Constitution of the State of Mississippi.
IV.
Whether appellant's pleas of guilty were coerced, unintelligent and involuntary because appellant's attorneys misinformed appellant regarding the maximum and minimum sentences and because the court failed to inform appellant regarding the minimum and maximum sentence which could be imposed.
V.
Whether appellant was subjected to ineffective assistance of counsel in the trial court when counsel failed to investigate the evidence or basis for the pleas of guilty, failed to investigate and demur to the legality of the indictments, and failed to put on any defense to the court imposing life sentence on appellant for the crime of "rape," when the imposition of such sentence was in the sole providence of a jury.
VI.
Whether trial court erred in failing to require the state to file an answer to the post conviction relief motion and to conduct an evidentiary hearing into the claims of a fundamental denial of a constitutional right, where appellant asserted that he had been sentenced to a greater sentence than the statute allows a judge to impose after a conviction for rape, and whether the two kidnapping charges constituted double jeopardy under the Blockburger test.
III.
Issue Numbers II, III, IV and V are time barred. Miss.Code Ann. Sec. 99-39-5(2) (Supp.1990). Individuals (as Luckett) convicted prior to April 17, 1984, had three (3) years from April 17, 1984, to file their petition for post-conviction relief. Freelon v. State, 569 So.2d 1168 (Miss.1990); Odom v. State, 483 So.2d 343 (Miss.1986). Luckett's application was filed more than nine (9) years subsequent to the entry of his guilty pleas. No appeal or other pleading for relief was filed by him prior to the application presented, and no exceptions to this procedural bar are applicable.
Issue VI is without merit insofar as it alleges error by the trial court in failing to require the state to file an answer to the post-conviction relief action. While we conclude that summary dismissal by the trial court pursuant to Miss.Code Ann. Sec. 99-39-11 (Supp.1990) was error, no prejudice or ensuing error resulted from failure to require the state to file an answer.
The erroneous life sentence is the only cognizable claim raised by Luckett's motion. This claim was verified by copies of the indictment and judgment of the trial court included as exhibits to...
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...constitutional rights may be excepted from procedural bars which would otherwise prohibit their consideration." Luckett v. State, 582 So.2d 428, 430 (Miss.1991) (citing Smith v. State, 477 So.2d 191, 195-96 16. The only evidence linking Howard to the crime was his alleged statement to Detec......
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