HAROLD HAYES A/K/A HAROLD HAYES, JR. A/K/A HAROLD RAY HAYES, JR. APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 04/30/2018
LAUDERDALE COUNTY CIRCUIT COURT HON. LESTER F. WILLIAMSON JR
ATTORNEY FOR APPELLANT:HAROLD HAYES (PRO SE)
ATTORNEY FOR APPELLEE:OFFICE OF THE ATTORNEY GENERAL BY:
CARLTON, P.J., WESTBROOKS AND C. WILSON, JJ.
WILSON, J., FOR THE COURT
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.
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.
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.
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) . . . .
II charged Hayes with armed robbery in violation of
Mississippi Code Annotated section 97-3-79 (Supp. 1981), as
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: ...