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Williams v. State

Court of Appeals of Mississippi

July 30, 2013

Reuben WILLIAMS a/k/a Rueben Williams a/k/a Reuben K. Williams a/k/a Ruben Williams, Appellant
v.
STATE of Mississippi, Appellee.

Page 405

[Copyrighted Material Omitted]

Page 406

Reuben Williams, appellant, pro se.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before GRIFFIS, P.J., ROBERTS and CARLTON, JJ.

ROBERTS, J.

¶ 1. On November 18, 2010, Reuben Williams appeared with his court-appointed attorney before the Leflore County Circuit Court and pled guilty to one count of aggravated domestic violence. On a later date, the circuit court sentenced Williams to twenty years in the custody of the Mississippi Department of Corrections (MDOC), with fifteen years to serve and five years of post-release supervision (PRS). Williams filed his motion for post-conviction relief (PCR) on September 20, 2011, and the circuit court summarily dismissed the PCR motion on April 13, 2012. It is from this summary dismissal that Williams now appeals.

FACTS AND PROCEDURAL HISTORY

¶ 2. A Leflore County grand jury indicted Williams on May 26, 2010, on one count of rape, one count of felon in possession of a firearm, one count of aggravated domestic violence, and one count of kidnapping. All charges stemmed from an April 15, 2009 incident in which Williams attacked Lakivia Greenleaf, the biological mother of his two children. After plea negotiations, Williams pled guilty to one count of aggravated domestic violence in exchange for the dismissal of the remaining three counts. Williams's indictment for aggravated domestic violence stated:

That [Williams] ... did unlawfully, willfully, purposely and knowingly and feloniously attempt to cause or cause bodily harm to [Greenleaf], a person with whom [Williams] has had a biological child, by striking her about her head and face with a handgun, a means likely to produce death or serious bodily harm, in violation of [Mississippi Code Annotated section 97-3-7(4) (Supp.2012) ]....

At Williams's plea hearing, the State asserted that at trial it would prove that Williams did " willfully and unlawfully attempt to cause or cause bodily harm to [Greenleaf], a person with whom [Williams] has a biological child, by striking her about her head and face with a handgun, a means likely to produce death or serious bodily harm." Williams's attorney

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stated that the facts presented by the State were true, " [w]ith the exception of the [use of a] handgun.... [I]t may be an aggravating ... circumstance that the victim wants to bring up in sentencing, but ... we do agree that he struck her, we do agree it was aggravated, [and] we do agree that it was domestic violence." The circuit court asked Williams whether he accepted the State's statement of facts, with the qualification his attorney had stated, as true. Williams responded: " Yes, sir." The circuit court accepted Williams's guilty plea. Subsequently, Williams was sentenced to twenty years in the custody of the MDOC, with fifteen years to serve and five years of PRS.

¶ 3. Williams filed his PCR motion on September 20, 2011. The circuit court addressed each issue raised and found them all to lack merit. As a result, the circuit court summarily dismissed Williams's PCR motion, finding that it plainly appeared from the face of the PCR motion and record that Williams was not entitled to any relief. It is from ...


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