Williams v. State
Decision Date | 30 April 2019 |
Docket Number | NO. 2017-KA-01488-COA,2017-KA-01488-COA |
Citation | 296 So.3d 711 |
Parties | Frankie L. WILLIAMS a/k/a Frankie Williams a/k/a Frankie Lee Williams, Appellant v. STATE of Mississippi, Appellee |
Court | Mississippi Court of Appeals |
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: W. DANIEL HINCHCLIFF
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: KATY TAYLOR GERBER, JASON L. DAVIS, JACKSON
BEFORE CARLTON, P.J., TINDELL AND McDONALD, JJ.
CARLTON, P.J., FOR THE COURT:
¶1. A Sharkey County grand jury indicted Frankie L. Williams for murder (Count I) and possession of a firearm by a convicted felon (Count II). A unanimous jury found Williams guilty as charged. The trial court sentenced Williams to serve life imprisonment for Count I and ten years for Count II in the custody of the Mississippi Department of Corrections (MDOC), with Williams's sentences to run concurrently. On appeal, Williams asserts that (1) he is entitled to a new trial because the trial court violated his right to represent himself; and (2) he received ineffective assistance of counsel because his lawyer should have stipulated to his prior felony conviction rather than allowing the State to offer the sentencing order into evidence. For the reasons addressed below, we affirm Williams's sentences and convictions. Based on the record, we find no merit to Williams's claim that the trial court violated his right of self-representation. We dismiss Williams's ineffective-assistance-of-counsel claim without prejudice so that he may pursue relief on this alleged error in a petition for post-conviction relief.
STATEMENT OF THE FACTS AND COURSE OF PROCEEDINGS
¶2. Prior to Williams's trial, his defense counsel filed a motion requesting that Williams undergo a mental evaluation to ascertain certain issues, including whether Williams suffered from any definable or recognizable mental conditions; whether Williams would be able to assist counsel in preparing a defense; and whether Williams was competent to stand trial. The trial court granted the motion. There was no request for an evaluation of whether Williams was competent to waive representation.
¶3. In March 2017, after considering the psychological evaluation reports provided, the trial court ordered that Williams undergo additional mental evaluation, and, if deemed necessary and appropriate, that Williams be admitted and treated at the Mississippi State Hospital at Whitfield, Mississippi (Whitfield). At Williams's May 2017 competency hearing, the trial court stated, in relevant part, that according to the report from the doctors at Whitfield, Williams had the sufficient present ability to consult and work with his attorney with a reasonable degree of rational understanding in preparation of a defense. There was no finding that Williams desired to waive counsel and represent himself. On the contrary, Williams raised the issue of obtaining a bond reduction so he could get his own attorney, rather than the lawyers appointed for him. The trial court told Williams that if he wanted a bond reduction, or new counsel, he would need to file a motion for that request. No motion was filed.
¶4. Five months later, on the first day of trial, defense counsel told the trial court, "I think [Williams] wants to fire counsel." This statement was made out of Williams's presence and the following discussion then took place between counsel and the trial court:
¶5. Later the same day, outside the hearing of the prospective jurors, the following exchange took place between Williams and the trial court:
¶6. The State's first witness was Roy Sias, the Assistant Chief of the Anguilla Police Department. He testified that around 9:00 p.m. on August 23, 2012, he responded to a shooting at the Double Luck Club in Anguilla, Mississippi. When Officer Sias arrived, a group of thirty-five to fifty people were gathered around a body on the street. The victim, who was later identified as Patrick Tate, had been fatally shot in the chest. Officer Sias testified that three or four people came forward, Frankie Williams was identified as the shooter, and Williams turned himself in to the police later that evening.
¶7. The State's next witness was Investigator Charlie Hill, with the Mississippi Bureau of Investigations, who testified that he arrived the next morning to assist the Anguilla Police Department with the investigation. Investigator Hill testified that he was briefed on what had occurred the previous night, and then he took photographs of the scene and interviewed witnesses. He testified that a number of witnesses identified Williams as the shooter, and nothing about their statements caused...
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