OF JUDGMENT: 05/05/2016
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. TOMIE T.
GREEN TRIAL JUDGE:
ATTORNEY FOR APPELLANT: CYNTHIA ANN STEWART
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE
IRVING, P.J., BARNES AND WESTBROOKS, JJ.
IRVING, P. JUDGE.
Jake Bias pleaded guilty in the Circuit Court of Hinds County
to statutory rape for willfully, feloniously, and unlawfully
having sexual intercourse with J.B. While incarcerated, Bias
filed a motion for post-conviction relief (PCR), which was
denied. Bias now appeals, asserting that (1) he received
ineffective assistance of counsel; (2) his
"confession" did not match the physical evidence;
and (3) he was entitled to an evidentiary hearing.
Finding no error, we affirm.
On November 1, 2010, Chasidy Butler took her three-year-old
daughter, J.B., to the University of Mississippi Medical
Center (UMMC), after noticing that J.B. was suffering from
irregular vaginal discharge and frequent
urination. J.B. underwent a thorough medical
evaluation and tested positive for chlamydia and gonorrhea.
The medical records indicated that J.B. exhibited no tearing
in the vaginal, perineal, or anal areas, and that her hymen
was intact. A hospital social worker wrote on a report that
J.B. had previously told her godmother that her father had
"hurt her private area." J.B. was interviewed by
the Child Advocacy Center, but its report was inconclusive as
to whether she had been sexually abused.
On March 29, 2011, Bias pleaded guilty to statutory rape,
pursuant to Mississippi Code Annotated section 97-3-65(1)(b)
(Rev. 2014). On March 30, 2011, the circuit court sentenced
him to twenty years in the custody of the Mississippi
Department of Corrections (MDOC), with five years suspended,
three years of supervised probation, and fifteen years to
serve. Further, the court required him to register as a sex
offender and to undergo mandatory sex counseling while
incarcerated and during probation. The court also ordered
Bias not to have any contact with J.B.
On March 31, 2014, Bias filed a PCR motion, which the circuit
court summarily denied. Bias appealed, asserting the issues
set forth in the first paragraph of this opinion. The PCR
motion contained in the initial appellate record was missing
some pages. On March 31, 2017, Bias filed a motion to
supplement the record with the missing pages. We granted
Bias's motion in an order entered on April 5, 2017, and a
supplemental volume of the record was filed on April 25,
2017. However, the supplemental volume's version of the
PCR motion was still incomplete, resulting in the absence of
essential portions of Bias's second argument on appeal:
that his confession did not match the physical evidence.
Because of the incompleteness of Bias's PCR motion in the
record before us and the trial court's summary denial of
the PCR motion without addressing the specific issues that
had been raised in the motion, we are only able to speculate
as to which arguments were actually presented to the trial
court for review. Bias contends that the PCR motion filed
with the trial court included his argument that his
confession did not match the physical evidence, and that the
pages containing that argument were simply missing from the
appellate record. That may be true. However, no version of
the PCR motion in the record before us contains a complete
statement of the ...