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Hayes v. State

Court of Appeals of Mississippi

November 12, 2019

HAROLD HAYES A/K/A HAROLD HAYES, JR. A/K/A HAROLD RAY HAYES, JR. APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/30/2018

          LAUDERDALE COUNTY CIRCUIT COURT HON. LESTER F. WILLIAMSON JR JUDGE

          ATTORNEY FOR APPELLANT:HAROLD HAYES (PRO SE)

          ATTORNEY FOR APPELLEE:OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

          BEFORE CARLTON, P.J., WESTBROOKS AND C. WILSON, JJ.

          C. WILSON, J., FOR THE COURT

         ¶1. This is an appeal from an order denying Harold Hayes's post-conviction motion to vacate and correct his sentence. On April 18, 1991, a Lauderdale County grand jury indicted Hayes in a two-count indictment: Count I charged Hayes with capital murder, and Count II charged Hayes with armed robbery. Thereafter, Hayes filed his petition to enter a plea of guilty to the charge of capital murder. The circuit court accepted Hayes's plea, adjudicated him guilty to the charge of capital murder, dismissed Count II, and sentenced Hayes to life imprisonment with the possibility of parole in the custody of the Mississippi Department of Corrections (MDOC) and to pay court costs in the amount of $164.50.

         ¶2. On June 19, 2017, Hayes filed a post-conviction relief (PCR) motion to vacate and correct his sentence, in which he alleged that he is serving an illegal sentence and that his plea was not voluntarily or knowingly made. The circuit court denied Hayes's motion. Hayes now appeals, claiming that he is serving an illegal sentence and that his plea was not voluntarily or knowingly made. After a thorough review of the record, we affirm.

         FACTS

         ¶3. On March 6, 1991, Hayes and Kevin Ray Bryant murdered Vivian B. Powell by striking Powell over the head with a pipe during the commission of a robbery.

         ¶4. On April 18, 1991, a Lauderdale County grand jury indicted Hayes in a two-count indictment. Count I charged Hayes with capital murder in violation of Mississippi Code Annotated section 97-3-19(2)(e) (Supp. 1986), as follows:

[O]n or about the 6th day of March, A.D., 1991, [Bryant and Hayes] did then and there wilfully, unlawfully, feloniously kill and murder Vivian B. Powell, a human being, with or without design to cause her death by hitting the said Vivian B. Powell in the head with a pipe, during the commission of the felony crime of robbery, and the killing was without authority of law, making this a capital offense with possible death sentence in violation of Mississippi Code Annotated Section 97-3-19(2)(e) and 97-3-21 (1972) . . . .

         Count II charged Hayes with armed robbery in violation of Mississippi Code Annotated section 97-3-79 (Supp. 1981), as follows:

as part of the same transaction or occurrence . . . on the 6th day of March, A.D., 1991, [Bryant and Hayes] did wilfully, unlawfully, and feloniously take or attempt to take a battery and assorted necklaces and jewelry [], the personal property of Vivian B. Powell, by violence to her person or by putting the said victim in fear of immediate injury to her person by the exhibition of a deadly weapon, to-wit: ...

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