Noel v. State, No. 2005-CA-01455-COA.
| Court | Court of Appeals of Mississippi |
| Writing for the Court | King |
| Citation | 943 So.2d 768 |
| Docket Number | No. 2005-CA-01455-COA. |
| Decision Date | 05 December 2006 |
| Parties | Andrew NOEL, Appellant v. STATE of Mississippi, Appellee. |
v.
STATE of Mississippi, Appellee.
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Robert T. Laster, Grenada, B. Leon Johnson, attorneys for appellant.
Office of the Attorney General by Jacob Ray, attorneys for appellee.
Before KING, C.J., CHANDLER and ROBERTS, JJ.
KING, C.J., for the Court.
¶ 1. Andrew Noel appeals the Holmes County Circuit Court's denial of his petition for post-conviction relief. On appeal, Noel contends that he should have the opportunity to withdraw his guilty plea because his decision to enter into the plea was not knowing, intelligent, and voluntary. Alternatively, Noel argues that the trial court should be required to re-sentence him in accordance with the district attorney's recommendation. Finding no error, the Court affirms.
¶ 2. Andrew Noel was charged with aggravated assault, rape, and kidnapping. On October 9, 2000, Noel entered into a plea agreement with the district attorney, in which he agreed to plead guilty to the charges of rape and kidnapping in exchange for the dismissal of the aggravated assault charge and a sentence recommendation from the district attorney. The district attorney agreed to recommend that Noel receive a sentence of twelve years — nine years in prison and three years of post-release supervision.
¶ 3. At the hearing on the guilty plea, the trial judge, in accordance with Uniform Circuit and County Court Rule 8.04, questioned Noel regarding the voluntariness of his plea and advised him of the consequences of pleading guilty. The transcript reads, in pertinent part, as follows:
Q: Did you understand this petition as you read it and as your attorney explained it to you?
A: Yes.
Q: Were the answers you provided in this petition true and correct?
A: Yes.
. . . .
Q: Has anyone forced you, coerced you, or intimidated you in any way to get you to enter these pleas?
A: No.
Q: Has anyone promised you anything in the way of a lighter sentence or any hopes or rewards to get you to enter these pleas?
A: No.
. . . .
Q: Do you understand on the rape charge, this Court can give you up to a term of years less than your life?
A: Yes.
Q: And on the kidnapping charge, this Court can give you anywhere from 1 to 30 years?
A: Yes.
Q: This Court is not bound by any recommendations that may be made by the State or by your attorney; do you understand that?
A: Yes.
Q: After having advised you of the constitutional rights that you give up and the facts and circumstances surrounding this charge, do you still wish to enter this plea?
A: Yes.
¶ 4. After hearing the sentencing recommendation from the district attorney and a statement from the victim, the trial court sentenced Noel to twenty-five years on the rape charge and twenty-five years on the kidnapping charge, with the sentences to run concurrently. Noel subsequently filed a petition for post-conviction relief to have
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his guilty plea withdrawn or in the alternative, to have the trial court re-sentence Noel according to the district attorney's sentencing recommendation. Following a hearing, the trial court denied the motion. This appeal followed.
¶ 5. The standard of review for a trial court's decision to deny a motion for post-conviction relief is clear. This court will not reverse a trial court's denial of a motion for post-conviction relief absent a finding that the trial court's decision was clearly erroneous. See Smith v. State, 806 So.2d 1148, 1150(¶ 3) (Miss.Ct.App.2002). Additionally, Uniform Circuit and County Court Rule 8.04 states that "it is within the discretion of the court to permit or deny a motion for the withdrawal of a guilty plea." UCCCR 8.04(A)(5). Accordingly, the Court reviews those decisions under an abuse of discretion standard. See id.
¶ 6. Constitutional considerations of due process under the Fourteenth Amendment to the United States Constitution and under Mississippi law require that all guilty pleas must be knowing, intelligent, and voluntary. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); Alexander v. State, 226 So.2d 905 (Miss.1969). To ensure that a criminal defendant understands that by entering a guilty plea he waives certain rights, the law requires the trial court to explain in detail each of the rights waived and the possible consequences of entering a guilty plea. Boykin, 395 U.S. at 243-44, 89 S.Ct. 1709. Uniform Circuit and County Court Rule 8.04 sets forth the specific topics that the trial court must address when advising a defendant of the consequences of a guilty plea. UCCCR 8.04(A)(4).
¶ 7. In this case, the trial court did address each of the topics set forth in Rule 8.04 during the plea colloquy. The trial court advised Noel of the minimum and maximum sentences for each of the charges to which he was pleading guilty. The trial court then specifically asked Noel if he understood that the trial court was not bound by the district attorney's sentencing recommendation. Noel answered all of the trial judge's questions affirmatively.
¶ 8. The trial court also held an evidentiary hearing on Noel's post-conviction motion to withdraw his guilty plea or, in the alternative, for the trial court to sentence him in accordance with the district attorney's sentencing recommendation. During the hearing, the trial court accepted, at Noel's request, the transcript of the plea colloquy as part of the record of the evidentiary hearing. Noel testified regarding his competency and the voluntariness of his plea but offered no other witnesses or testimony in support of his motion. On cross-examination, Noel testified that he understood that the trial court was not bound by a sentencing recommendation and that the decision to follow or not follow a sentencing recommendation rested with the trial court. The trial judge determined that she had advised Noel of her discretion in sentencing and that she had opted, within the boundaries of the law, not to accept the sentencing recommendation. Accordingly, the trial court denied the post-conviction motion.
¶ 9. This Court finds that the trial court complied with the requirements of Uniform Circuit and County Court Rule 8.04(A)(4) in accepting Noel's guilty plea. Specifically, the trial court advised Noel that he waived certain constitutional rights by entering a guilty plea and stated the maximum and minimum penalties for the charges against him. Additionally, the trial
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court advised Noel that she was not bound by the district attorney's sentencing recommendation and determined that he understood that his sentence was left to her discretion. Accordingly, the trial judge did not abuse her discretion in the manner in which she conducted the hearing on Noel's guilty plea.
¶ 10. This Court also finds that the trial court did not abuse her discretion...
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...sentencing recommendations and surprising a defendant with a sentence outside the bargained for recommendation, see Noel v. State, 943 So.2d 768 (¶¶ 12-18) (Miss.Ct. App.2006) (Roberts, J., concurring, joined by Lee, P.J., Southwick, Griffis and Barnes, JJ.), this issue is without II. WHETH......
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