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Shields v. State

Court of Appeals of Mississippi

January 14, 2014

Roderick SHIELDS a/k/a Roderick L. Shields, Appellant
v.
STATE of Mississippi, Appellee.

Page 161

Roderick Shields, appellant, pro se.

Office of the Attorney General by Stephanie Breland Wood, attorney for appellee.

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

FAIR, J.

¶ 1. Roderick Shields contends his 2002 conviction for forcible rape must be set aside because his indictment cited the wrong subsection of the rape statute. Shields's post-conviction relief (PCR) claim is time-barred, and, at any rate, the citation was correct when he was indicted; the statute was rearranged in 2003. We find no merit to this or any other issues raised by Shields, and so we affirm the circuit court's dismissal of his PCR motion.

FACTS

¶ 2. Shields was indicted on April 23, 2002, by a Washington County grand jury. The first line of the document, resembling a header or heading, appears as follows:

INDICTMENT FORCIBLE RAPE 97-3-65(3)(A)

The body of the indictment alleged that Shields " did unlawfully, wilfully, feloniously and forcibly rape and ravish [the victim], a female person over the age of fourteen years, by having sexual intercourse with [her] against her will and without her consent."

¶ 3. Shields entered a guilty plea. The circuit court found that he knowingly and voluntarily entered his " plea of GUILTY to the charge of FORCIBLE RAPE." On September 24, 2002, the court sentenced Shields to serve fifteen years in prison, followed by five years of post-release supervision.

¶ 4. Ten years later Shields filed the instant PCR motion, contending the code section referenced in his indictment provides only for a maximum sentence of five years and is applicable only to those convicted of statutory rape, where the victim is over thirteen years of age and the perpetrator is between eighteen and twenty-one (and thirty-six or more months older than the victim). See Miss.Code Ann. § 97-3-65(3)(a) (Supp.2013).

¶ 5. Shields also claimed he was illegally sentenced to post-release supervision under Mississippi Code Annotated section 47-7-34 (Rev.2011), because he believes it applies only to previously convicted felons.

Page 162

¶ 6. The circuit court found Shields's PCR motion time-barred because it was not filed within the three-year limitation period. It further noted that the objections Shields now raises about his indictment were waived by his guilty plea. The court also found that, notwithstanding the time-bar, Shields's claims were without ...


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