COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 07/02/2013. TRIAL JUDGE: HON. ROGER T. CLARK. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DENIED.
FOR APPELLANT: MICHAEL W. CROSBY.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LISA L. BLOUNT.
BEFORE GRIFFIS, P.J., MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, FAIR AND JAMES, JJ., CONCUR.
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
¶1. Almost ten years after pleading guilty to capital murder, Armon Randall seeks to vacate his guilty plea and sentence of life without parole. The gist of his motion for postconviction relief (PCR) is that the predicate robbery, which elevated his charge to capital murder, was insufficiently pled in his indictment. After review, we find his challenge fails for both procedural and substantive reasons.
¶2. Procedurally, his motion is both untimely and subsequent to an earlier PCR motion. And substantively, the indictment sufficiently identified robbery as the underlying offense and listed its statutory section. We find this is all that is required to charge capital murder premised on robbery. For these reasons, we affirm.
Facts and Procedural History
¶3. In 1998, a jury found Randall guilty of the 1993 capital murder of Eugene Daniels. The murder was a capital offense because it occurred during a robbery. Randall was sentenced to death, but the Mississippi Supreme Court overturned his conviction and remanded the case for a new trial. See Randall v. State, 806 So.2d 185, 235 (¶ 145) (Miss. 2001). On May 9, 2002, Randall opted to avoid a possible death sentence, and pled guilty to capital
murder. He was sentenced to life without parole.
¶4. In July of 2005, Randall filed his first PCR motion. The motion challenged the legality of his sentence. After a hearing, the circuit court denied his motion. And this court affirmed the denial. See Randall v. ...