DocketNumber: No. 2011-CT-00645-SCT
Citation Numbers: 123 So. 3d 924
Judges: Agree, Dickinson
Filed Date: 9/10/2013
Status: Precedential
Modified Date: 9/22/2021
EN BANC ORDER
This matter comes before the en banc court after granting Charles Sylvester Bell’s petition for certiorari. In 2010, Bell filed his petition for post-conviction relief in the Circuit Court of Forrest County, claiming that his armed robbery conviction violates the Double Jeopardy Clauses of the United States and Mississippi Constitutions because the same armed robbery served as the predicate felony in his capital murder conviction. He also argued that his sentence as a habitual offender violated the constitutional prohibition of ex post facto application of the law.
In 2011, the circuit court dismissed Bell’s petition as time-barred. Bell appealed, and the Mississippi Court of Appeals held that the circuit court erred by dismissing Bell’s petition because this Court’s holding in Rowland v. State excepts his claims from the procedural bars of the UPCCRA.
We find that Rowland indeed excepts Bell’s claims from the procedural bars of the UPCCRA.
The Court of Appeals erred in finding that Bell’s guilty plea alone was sufficient to constitute a waiver of double jeopardy.
It is therefore ORDERED: that the judgment of the Court of Appeals is affirmed in part and reversed in part, the judgment of the Circuit Court of Forrest County is affirmed in part and reversed in part and this case is remanded to the Circuit Court of Forrest County for an evidentiary hearing on whether Bell made a knowing and intelligent waiver of double-jeopardy. If the trial court finds that Bell did make a knowing and intelligent waiver of double jeopardy, it shall make a legal determination of whether such waivers are constitutionally permissible, and rule on Bell’s petition. On remand, the trial court should consider appointing counsel to represent Bell with respect to these issues. Forrest County shall pay all costs associated with this appeal.
SO ORDERED.
. Bell v. State, 95 So.3d 760, 764 (Miss.Ct. App.2012) (citing Rowland v. State, 42 So.3d
. Id. (citing Bell v. State, 751 So.2d 1035, 1037 (Miss.1999)).
. Rowland, 42 So.3d at 508.
. Bell, 751 So.2d at 1038.
. Willie v. State, 738 So.2d 217, 219 (Miss.1999).