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Beal v. State

Court of Appeals of Mississippi

September 11, 2018

JESSIE T. BEAL A/K/A JESSIE BEAL APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/07/2017

          MADISON COUNTY CIRCUIT COURT, HON. WILLIAM E. CHAPMAN III JUDGE.

          ATTORNEY FOR APPELLANT: JESSIE T. BEAL (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE.

          BEFORE GRIFFIS, P.J., BARNES AND CARLTON, JJ.

          CARLTON, J.

         ¶1. On May 27, 2009, Jessie Beal pleaded guilty to statutory rape in Madison County Circuit Court. He was sentenced to twenty-three years in the custody of the Mississippi Department of Corrections (MDOC). Beal now appeals the dismissal of his fourth motion for postconviction relief (PCR). Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Beal was arrested for statutory rape of a child in violation of Mississippi Code Annotated section 97-3-65(1)(a) (Rev. 2014) on May 12, 2008. Beal's first indictment was nolle prosequied on June 30, 2008, and he was released on bond to await further action by the Madison County grand jury. A later indictment was brought on October 8, 2008. This indictment provides that the July 2008 grand jury was recalled on September 10, 2008. As found by this Court in addressing one of Beal's prior PCR motions, "the investigation was delayed because the victim was pregnant, and the State waited to indict until the baby was delivered and DNA tests could be performed to determine paternity." Beal v. State, 118 So.3d 162, 165 (¶10) (Miss. Ct. App. 2012) (Beal II).

         ¶3. Beal pleaded guilty to the statutory rape charge on May 27, 2009. The State described the factual basis for Beal's arrest and statutory rape charge at his guilty-plea hearing as follows:

[O]n or about the 25th day of April, 2008, the Department of Human Services was notified about a minor child who at that time was [fifteen], but would have been [fourteen] at the time. She . . . tested positive at the school for being pregnant. The Department of Human Services went to the school where they interviewed the minor child . . . . That female child . . . related to the Department of Human Services that she had had sex with the defendant, that the defendant resided in the same home that she was residing, which at that time was with her aunt. At that time, the Canton Police Department was also notified, based upon statements made by the victim in this case. A warrant was issued for Mr. Beal's arrest. Mr. Beal . . . would have been [thirty-five] years of age at the time that this child was conceived. That conception date would have been between October 1st, 2007, and October 31st, 2007.
A DNA sample was taken of the child once the child was born in July. That sample was compared with the beucle (phonetic) swab, which was retrieved from this defendant, Mr. Jessie Beal. The State, if this case went to trial, [it] would call Dr. Bo Scales. Dr. Scales would testify that, based upon the DNA testing that he performed, that the probability of paternity in this case is 99.99 percent as compared to an untested, unrelated man of the same race. So based upon the statements of the victim in this case and the DNA testing of the child that was conceived, the State would show that they did in fact have sexual intercourse between those dates listed in the indictment and that that sexual intercourse did occur in Madison County, and that this defendant was more than thirty-six months older than the victim.

         By a sentencing order dated July 8, 2009, the trial court sentenced Beal to twenty-three years in the custody of the MDOC.

         ¶4. To date, Beal has filed four PCR motions. Beal filed his first PCR motion on December 28, 2009, alleging that he was denied his right to a timely initial appearance; his trial counsel was ineffective; and his guilty plea was involuntary. The trial court dismissed his motion. Beal appealed, arguing that his constitutional rights were violated when he was not given a timely initial appearance; his trial counsel was ineffective because he failed to raise this issue; and his guilty plea was involuntary because it was influenced by the timing of his initial appearance. This Court affirmed the trial court's judgment, finding that each of the issues Beal raised were without merit. Beal v. State, 58 So.3d 709, 710-11 (¶¶3-7) (Miss. Ct. App. 2011) (Beal I).

         ¶5. Beal filed his second PCR motion on November 2, 2011, alleging that the State's pre-indictment delay prejudiced his defense and that his guilty plea was not knowingly and intelligently entered. The trial court dismissed Beal's second PCR motion as a successive writ. Beal appealed, arguing that his constitutional rights were violated due to the State's pre-indictment delay and that his guilty plea was invalid because he did not knowingly waive his right against self-incrimination. This Court affirmed the trial court's judgment, finding that Beal had no arguable basis ...


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