Miss. R. Crim. P. 15.3

As amended through March 21, 2024

Rule 15.3 - Entry of Plea of Guilty or Nolo Contendere

(a) Defendant's Presence at Plea.

(1) Defendants Generally. A defendant charged with the commission of a felony, who wishes to plead guilty, is required to plead personally. The court may require the personal appearance of a defendant charged with a misdemeanor.

(2) Organizational Defendants. An organizational defendant need not be present if represented by counsel who is present.

(b) Entry of Plea. A person charged with a criminal offense in county or circuit court, who is represented by counsel, may appear before the court at any time the judge may fix, be arraigned, enter a plea of guilty to the offense charged or, with leave of the court in misdemeanor cases, nolo contendere, and be sentenced at that time or some future time set by the court.

(c) Voluntariness. Before the trial court may accept a plea of guilty, the court must determine that the plea is voluntarily and intelligently made and that there is a factual basis for the plea. A plea is not voluntary if induced by fear, violence, deception, or improper inducements. A showing that the plea of guilty was voluntarily and intelligently made must appear in the record.

(d) Advice to the Defendant. When the defendant is arraigned and wishes to plead guilty to a felony or a misdemeanor with the possibility of incarceration, the defendant may be placed under oath and it is the duty of the trial court to address the defendant personally in open court to inquire and determine:

(1) That the accused is competent to understand the nature of the charge;

(2) That the accused understands the nature and consequences of the plea, and the maximum and minimum penalties provided by law;

(3) That the accused understands that, by pleading guilty, the accused waives the constitutional rights of trial by jury, the right to confront and cross-examine adverse witnesses, and the right against self-incrimination; as well as that, if the accused is not represented by an attorney, that the accused is aware of the right to an attorney at every stage of the proceeding and that one will be appointed to represent the accused, if indigent; and

(4) That the accused understands that, if the accused is not a citizen of the United States, the plea may have immigration consequences. The court shall specify that, if convicted, a defendant who is not a United States citizen may be removed from the United States, denied citizenship, and denied admission to the United States in the future.

Miss. R. Crim. P. 15.3

Adopted eff. 7/1/2017.

Comment

Rule 15.3(a) and (b) are largely derived from former Rules 8.03 and 8.04 of the Uniform Rules of Circuit and County Court. They adopt the requirement that, in all felony cases, the court shall address an individual defendant personally, in open court, and in the presence of counsel (unless counsel has been waived pursuant to Rule 7.1(c) ). See McCarthy v. United States, 394 U.S. 459, 465-66, 89 S. Ct. 1166, 1170, 22 L. Ed. 2d 418 (1969). The Rule allows an organizational defendant to plead guilty through counsel who is present in court, as in Federal Rule of Criminal Procedure 43(b)(1).

Section (c) comes directly from former Rule 8.04 (A.)(3.) of the Uniform Rules of Circuit and County Court. Under section (c), the court must determine that the plea is made voluntarily with understanding of the nature of the charge; that is, that the defendant understands "what the plea connotes and . . . its consequence[,]" as required by Boykin v. Alabama, 395 U.S. 238, 244, 89 S. Ct. 1709, 1712, 23 L. Ed. 2d 274 (1969). The court must also satisfy itself that there is a factual basis for the plea before entering judgment. The normal consequence of a determination that there is not a factual basis for the plea would be for the court to set aside the plea and enter a plea of not guilty. The record should affirmatively reflect the questions asked and the defendant's responses, thereby providing an adequate basis for review.

Section (d) is largely derived from former Rule 8.04 (A.)(4.) of the Uniform Rules of Circuit and County Court. The Rule extends to pleas involving misdemeanors with the possibility of incarceration. See, e.g., Miss. Code Ann. §§ 63-11-30(2)(a) (first offense DUI), 97-3-7(1)(a) (simple assault). Section (d) prescribes the advice that the court must give to the defendant as a prerequisite to the acceptance of a guilty plea and requires the court to determine that the defendant understands the sentencing implications of that plea. Section (d) also identifies the constitutional rights that the defendant waives by the plea, which is designed to satisfy the requirements of understanding waiver set forth in Boykin.

Generally speaking, it is within the court's discretion as to whether and to what extent to advise the defendant of "collateral consequences" of a plea of guilty or nolo contendere. See Magyar v. State, 18 So. 3d 807, 811-12 (Miss. 2009) ("there is no requirement that a defendant be informed of the collateral consequences" of a guilty plea; duty to register as a sex offender deemed a "collateral consequence" of a guilty plea). But immigration consequences stand as an exception; under Rule 15.3(d)(4), disclosure of certain potential immigration consequences is mandatory. See Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010) (deficient performance under the ineffective assistance of counsel standard in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), when counsel failed to advise defendant that his guilty plea made him subject to automatic deportation); Fed. R. Crim. P. 11(b)(1)(O).