Keyes v. State

331 So.3d 52

Juarez KEYES a/k/a Juarez L. Keyes, Appellant

v.STATE of Mississippi, Appellee

NO. 2020-CP-01268-COA

Court of Appeals of Mississippi.

November 9, 2021

ATTORNEY FOR APPELLANT: JUAREZ KEYES (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALLISON KAY HARTMAN

BEFORE CARLTON, P.J., LAWRENCE AND EMFINGER, JJ.

CARLTON, P.J., FOR THE COURT:

¶1. Juarez Keyes pleaded guilty to six separate charges in 1983 and was sentenced on September 30, 1983, as a habitual offender under Mississippi Code Annotated section 99-19-81 (Supp. 1976), resulting in a net sentence of fifty-seven years’ imprisonment without eligibility for probation or parole. After thirty-seven years of incarceration, Keyes petitioned the Hinds County Circuit Court for a conditional release pursuant to Mississippi Code Annotated section 47-5-139(1)(a) (Rev. 2015), which provides that

[a]n inmate shall not be eligible for the earned time allowance if ... [t]he inmate was sentenced to life imprisonment; but an inmate, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release[.]

The circuit court denied his petition and dismissed it with prejudice. Keyes appealed, asserting that the circuit court erred in determining that he did not qualify to seek conditional release because he "[was] not serving a life sentence." For the reasons addressed below, we affirm the circuit court's order.

FACTS AND PROCEDURAL HISTORY

¶2. After pleading guilty to six separate charges in 1983, Keyes was sentenced as a habitual offender under section 99-19-81. Keyes v. State , 549 So. 2d 949, 950 (Miss. 1989). Keyes was sentenced as follows for the six charges: (1) ten years’ imprisonment for burglary of a residence; (2) twenty years for aggravated assault; (3) thirty-seven years for rape; (4) ten years for burglary of a non-residence; (5) ten years for breaking out of a closure after the commission of a crime; and (6) fifteen years for strong-armed robbery. Id. All the sentences were to run concurrently except for the sentences for aggravated assault and breaking out of a closure after the commission of a crime, which were to run consecutively. Id. "The net effect of these sentences is ... fifty-seven ... years[’] imprisonment without eligibility for probation or parole." Id. at 949-50.

¶3. After Keyes pleaded guilty and was sentenced as a habitual offender for these crimes, he filed multiple motions for post-conviction relief, all of which were denied. See, e.g., Keyes , 549 So. 2d at 949 ; Keyes v. State , 918 So. 2d 76 (Miss. Ct. App. 2005) ; Keyes v. State , 281 So. 3d 40 (Miss. Ct. App. 2019) ; Keyes v. State , 304 So. 3d 637 (Miss. Ct. App. 2020).

¶4. In July 2020, Keyes filed a "Petition for Conditional Release" under section 47-5-139(1)(a), alleging that he had reached the age of sixty-five in June 2020 and had served more than fifteen years in prison. Keyes attached to his petition a number of documents evidencing his educational achievements while incarcerated. These achievements included Keyes's obtaining a general education degree (GED), completing several trade courses, and earning his bachelor of arts in Christian ministry from Leavell College of New Orleans Baptist Theological Seminary. Keyes also attached to his petition six letters composed by individuals writing in support of his conditional release.

¶5. The circuit court entered an "Order Denying Petition for Conditional Release" and dismissed Keyes's petition with prejudice. The circuit court found as follows:

[Keyes] was convicted as a habitual offender. According to Miss[issippi] Code Ann[otated] [section] 47-5-139(1)(a), a prisoner may be eligible for conditional release if he is serving a life sentence for a non-capital murder offense, has served at least fifteen (15) years, and is sixty-five (65) years old. Being convicted as a habitual [offender] is not a disqualifier. Nettles v. State , 749 So. 2d 973 (Miss. 1999). However, since Petitioner is not serving a life sentence, he does not qualify for conditional release. Higginbotham v. State , 114 So. 3d 9, 12 ([(¶7)] (Miss. Ct. App. 2012).

¶6. Keyes appealed. During the pending appeal, the State filed a motion to dismiss Keyes's appeal for lack of an appealable judgment. A panel of the Mississippi Supreme Court summarily denied the State's motion. Order, Keyes v. State , No. 2020-CP-01268-COA (Miss. May 6, 2021). Appellate briefing ensued.

¶7. For the reasons addressed below, we affirm the circuit court's judgment.

STANDARD OF REVIEW

¶8. "A jurisdictional issue presents a question of law and is thereby reviewed under a de novo standard." Williams v. State , 5 So. 3d 1190, 1191 (¶5) (Miss. Ct. App. 2009). "This Court reviews the dismissal or denial of a PCR motion for abuse of discretion." Carr v. State , 291 So. 3d 1132, 1137 (¶16) (Miss. Ct. App. 2020). "We will only reverse if the trial court's decision is clearly erroneous." Id. (quoting Hughes v. State , 106 So. 3d 836, 838 (¶4) (Miss. Ct. App. 2012) ). "Questions of law are reviewed de novo," id. , and, specifically, "[s]tatutory interpretation is a matter of law which this Court reviews de novo." Hall v. State , 241 So. 3d 629, 630 (¶3) (Miss. 2018). In this regard, "[o]ur duty is to carefully review statutory language and apply its most reasonable interpretation and meaning to the facts of a particular case." Id. at 631 (¶5) (quoting Corp. Mgmt. Inc. v. Greene Cty. , 23 So. 3d 454, 465 (¶26) (Miss. 2009) ).

DISCUSSION

I. Appealable Judgment

¶9. An appeal from a judgment is not allowed unless there is a statute authorizing such an appeal. Wrenn v. State , 121 So. 3d 913, 914 (¶3) (Miss. 2013) ("[A] party has no right to appeal unless the Legislature gives such right by statute."). In Smith v. State , 742 So. 2d 1188 (Miss. Ct. App. 1999), this Court recognized that:

there are two primary ways in which a criminal defendant may challenge a trial court proceeding: (1) a direct appeal from a conviction, or (2) a proceeding under the Post Conviction Relief Act. An appeal is a matter of statutory right and not based on any inherent common law or constitutional right.

Id. at 1189 (¶6) (quoting Fleming v. State , 553 So. 2d 505, 506 (Miss. 1989) ); see also Williams , 5 So. 3d at 1190 (¶1) (finding that the dismissal of a motion to reduce sentence is not an appealable order).

¶10. This matter does not involve a direct appeal, and Keyes's petition for conditional release seeks relief pursuant to section 47-5-139(1)(a), not the Mississippi Uniform Post-Conviction Collateral Relief Act (UPCCRA), Mississippi Code Annotated section 99-39-1 through section 99-39-29 (Rev. 2015).

¶11. In Hill v. State , No. 2020-CP-01150-COA (Miss. Ct. App. Mar. 17, 2021), this Court issued an en banc order dismissing the defendant's appeal from his unsuccessful request for a conditional release under section 47-5-139(1)(a)—the same statutory provision at issue here. We found that "an appeal of an unsuccessful petition for a conditional release is not authorized by statute." Id.

¶12. We recognize that Smith , Fleming , Williams , and our decision in Hill support a determination that this Court is without jurisdiction to consider Keyes's appeal because such an appeal does not appear to be authorized by statute. As explained below, however, we find it prudent in this case to address Keyes's appeal of the circuit court's denial of his petition for conditional release on the merits.

II. Keyes's Habitual Offender Status, Nonlife Sentence Status, and Eligibility for Conditional Release Under Section 47-5-139

¶13. In Nettles v. State , 749 So. 2d 973 (Miss. 1999), the Mississippi Supreme Court addressed, on the merits, the defendant's appeal of the circuit court's denial of his "petition under Miss[issippi] Code Ann[otated] [section] 47-5-139 (Supp. 1999)." Id. at 973 (¶1). The supreme court did not address whether it had appellate jurisdiction over the defendant's appeal from the circuit court's order denying his petition brought under section 47-5-139. In McDaniel v. Cochran , 158 So. 3d 992, 1001 (¶34) (Miss. 2014), the supreme court recognized that "this Court is not bound by a prior exercise of jurisdiction in a case where it was not questioned and it was passed sub silentio." (Quoting U.S. v. L.A. Tucker Truck Lines Inc ., 344 U.S. 33, 38, 73 S.Ct. 67, 97 L.Ed. 54 (1952) ). But we also consider that in the instant case a supreme court panel denied the State's motion to dismiss Keyes's appeal for lack of an appealable judgment. See Order, Keyes v. State , No. 2020-CP-01268-COA (Miss. May 6, 2021). The panel did not delineate the basis for its denial in its order. Given the supreme court's lack of guidance on the appealability issue in both Nettles and in the instant case, we address this issue on the merits in an abundance of caution.

¶14. In this regard, we affirm the circuit court's order because Keyes was sentenced as a habitual offender, making him ineligible for conditional release under section 47-5-139(1)(b). Further, when Keyes petitioned for a conditional release pursuant to section 47-5-139(1), he had only finished serving the first thirty-seven years of his sentence that were to be served day-for-day because he pleaded guilty to and was sentenced for a sex crime of rape. Keyes's twenty-year sentence for aggravated assault and his ten-year sentence for breaking out of an enclosure after the commission of a crime did not begin until after completion of the thirty-seven-year sentence imposed on Keyes for rape. See Hall v. State , 800 So. 2d 1202, 1206 (¶11) (Miss. Ct. App. 2001) (Recognizing, in the guilty-plea context, that "[ Mississippi Code Annotated section] 47-5-139(1)(d) ... specifically provides that ‘[a]n inmate shall not be eligible for the earned time allowance if ... [t]he inmate was convicted of a sex crime[.]’ "). Thus, in addition to being a...