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735 So. 2d 399

Docket No. 98-CP-00060-SCT.

Rowe v. State

Myron Vincent ROWE v. STATE of Mississippi.

Mississippi Supreme Court

Decided April 15, 1999.

Rehearing Denied April 15, 1999.

Mississippi Supreme Court · decided 1999-04-15

Key passage — most relied on by later courts

“[t]he practical effect of the sentence ... imposed upon Johnson was that (1) upon completion of the sentence Johnson was serving at the time of the imposition of the sentence under review, Johnson would serve seven years of incarceration; (2) upon release from MDOC custody, Johnson would serve the remaining eight years of his fifteen-year sentence on post-release supervision pursuant to the provisions of Mississippi] Code Ann[otated] [sjection 47-7-34; (3) five years of Johnson's eight-year post-release supervision sentence would be served under MDOC supervision pursuant to the terms and conditions provided by Mississippi] Code Annotated] [s]ection 47-7-35; (4) the remaining three years of Johnson's eight-year post-release supervision sentence would be served as "non-reporting,” meaning that while Johnson would not be under MDOC supervision by reporting to a MDOC probation officer, Johnson would still be required to remain on "good behavior,” such as not committing another crime, not owning, carrying, or concealing a firearm, and not using or possessing illegal drugs; and, (5) if Johnson violated any of the terms of his post-release supervision during this eight-year period, the court would have authority to terminate any part of, or all of, his eight-year post-release supervision, and sentence Johnson to serve a term of up to eight years in the custody of the Mississippi Department of Corrections, pursuant to the provisions of Mississippi] Code Annfotated] [s]ection 47-7-34(”

quoted by 1 later decision, including 3 So. 3d 767 - Carroll v. State

“[w]e have generally included in this class `those [rights] secured by the Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States, as well as those comparable rights secured by Sections 14 and 26, Article 3, of the Mississippi Constitution of 1890.'”

quoted by 1 later decision, including 954 So. 2d 530 - Davis v. State

Relies on 556 So. 2d 1016 - Jefferson v. State · 577 So. 2d 390 - Anderson v. State · 440 So. 2d 278 - Sanders v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-04-15

How this case has been cited

Cited by 10 later decisions — most recently November 2025

10 state decisions

601999200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Appellant, pro se.

¶2Office of the Attorney General by Jeffrey A. Klingfuss, Attorney for Appellee.

¶3EN BANC.

¶4

ON MOTION FOR REHEARING

¶5WALLER, Justice, for the Court:

¶6¶ 1. The Harrison County Grand Jury indicted Myron Vincent Rowe on October *400 13, 1994, for the murder of Robert, a transient. Rowe moved for dismissal of the murder charge against him on April 12, 1995, based on his Sixth Amendment right to a speedy trial. Rowe argued the State had failed to prosecute him within 270 days as required by law. Judge Whitfield denied Rowe's motion on June 15, 1995. That same day, Rowe pleaded guilty to manslaughter and was sentenced to eighteen years in the custody of the Mississippi Department of Corrections.

¶7¶ 2. Rowe petitioned for post-conviction relief on December 9, 1996. Rowe argued his Sixth Amendment right to a speedy trial had been violated because the State failed to bring him to trial within 270 days as required by law. Rowe's petition for post-conviction relief was denied December 19, 1997. Rowe timely appealed.

¶8¶ 3. This Court has found that a guilty plea waives the right to a speedy trial, whether that right is of constitutional or statutory origin. Anderson v. State, 577 So.2d 390, 391-92 (Miss.1991).

¶9¶ 4. In Anderson the Court stated:

[W]e have recognized that a valid guilty plea operates as a waiver of all nonjurisdictional rights or defects which are incident to trial. Ellzey v. State, 196 So.2d 889, 892 (Miss.1967). We have generally included in this class "those [rights] secured by the Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States, as well as those comparable rights secured by Sections 14 and 26, Article 3, of the Mississippi Constitution of 1890." Sanders v. State, 440 So.2d 278, 283 (Miss.1983); see also Jefferson v. State, 556 So.2d 1016, 1019 (Miss.1989). We take this opportunity to specifically include in that class of waivable or forfeitable rights the right to a speedy trial, whether of constitutional or statutory origin.

¶10Anderson, 577 So.2d at 391-92. (emphasis added).

¶11¶ 5. In the case sub judice, Rowe's guilty plea was given voluntarily. As stated in the Anderson decision, the right to a speedy trial is waivable. Therefore, the trial court's denial of post-conviction relief was proper. As a result, Rowe's motion for rehearing is denied.

¶12¶ 6. MOTION FOR REHEARING DENIED.

¶13PRATHER, C.J., SULLIVAN AND PITTMAN, P.JJ., BANKS, McRAE, SMITH AND MILLS, JJ., CONCUR.

¶14COBB, J., NOT PARTICIPATING.

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