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Porter v. State

Court of Appeals of Mississippi

August 6, 2013

Aimee Bracey PORTER a/k/a Aimee Porter, Appellant
v.
STATE of Mississippi, Appellee.

Rehearing Denied Nov. 19, 2013.

Page 69

Kevin Dale Camp, Jackson, attorney for appellant.

Page 70

Office of the Attorney General by Scott Stuart, attorney for appellee.

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

ROBERTS, J.

¶ 1. Aimee Bracey Porter pled guilty to DUI manslaughter and DUI mayhem. Porter subsequently filed a motion for post-conviction relief (PCR). Porter claimed that (1) she received ineffective assistance of counsel; (2) there was an insufficient factual basis for her guilty pleas; (3) new evidence suggested that she was not the proximate cause of the victims' death or injury; and (4) the circuit court lacked jurisdiction to amend her sentence after the term of court expired.[1] Ordered to respond to Porter's PCR motion, the State argued that Porter's claims had no merit. The Marion County Circuit Court summarily dismissed Porter's first three claims. However, the circuit court agreed that it had no authority to modify Porter's sentence after the expiration of the term of court during which she had pled guilty.

¶ 2. Porter appeals. After careful consideration, we find that the record does not contain an adequate factual basis to support Porter's guilty pleas. Accordingly, we reverse the circuit court's judgments, render judgments in Porter's favor, set aside her guilty pleas, and remand Porter's charges to the circuit court's active trial docket.

FACTS AND PROCEDURAL HISTORY

¶ 3. During November 2006, Porter was driving on Highway 98 in Marion County, Mississippi. Porter, a twenty-seven-year-old college-educated public-school teacher, was driving in the left lane of the four-lane highway when she was involved in a collision with Matthew Riley's vehicle. Riley had been driving in the right lane of the four-lane highway. Riley's wife and their two children were passengers in Riley's vehicle. Tragically, the Rileys' daughter, Alyssa, died. Their other daughter, Carmen, was injured.

¶ 4. Trooper Ronald Rayburn of the Mississippi Highway Patrol (MHP) responded to the scene of the collision. Trooper Rayburn told Porter that MHP's policy was to obtain a blood sample from any driver who had been involved in a collision that resulted in death. Consequently, Trooper Rayburn asked Porter to consent to having her blood drawn. Porter consented. Approximately three hours later, Porter's blood was drawn. Subsequent testing revealed that Porter's blood contained 2.9 micrograms per milliliter of Carisprodal, 5.9 micrograms per milliliter of Meprobamate, and 99 nanograms per milliliter of hydrocodone.

¶ 5. A Marion County grand jury returned an indictment against Porter and charged her with DUI manslaughter and DUI mayhem. Porter pled guilty to both charges on July 30, 2008. For DUI manslaughter, the circuit court sentenced Porter to twenty years in the custody of the Mississippi Department of Corrections (MDOC), with fifteen years to serve, followed by five years of post-release supervision. For DUI mayhem, the circuit court

Page 71

sentenced Porter to twenty years in the custody of the MDOC, with five years to serve, followed by fifteen years of post-release supervision— five of which were to be reporting post-release supervision. Additionally, the circuit court set Porter's sentence for ...


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