Miss. R. Crim. P. 15.4
Comment
Rule 15.4(a) and (b) are largely derived from former Rule 8.04 (B.) of the Uniform Rules of Circuit and County Court. Under Mississippi law, "a trial court is not bound to accept a defendant's guilty plea or enforce a plea agreement reached between the prosecutor and defendant." Wilson v. State, 21 So. 3d 572, 578 (Miss. 2009) (quoting Wade v. State, 802 So. 2d 1023, 1028 (Miss. 2001)). "Related" offenses under Rule 15.4(a)(2) means those offenses that could be joined in the same indictment under Rule 14.2(a).
Rule 15.4(c) and (d) are taken from former Rule 8.04 (A.)(5.) - (7.) of the Uniform Rules of Circuit and County Court.
Rule 15.4(c) only applies in cases in which a defendant is to plead guilty or, with leave of the court in misdemeanor cases, nolo contendere, pursuant to a plea agreement. The Rule does not apply when a court imposes conditions pursuant to an offered, but unaccepted or nonadjudicated, plea under Mississippi Code Section 99-15-26. See Brown v. State, 533 So. 2d 1118 (Miss. 1988) (trial court not required to allow defendant to withdraw his guilty plea and enter plea of not guilty after he violated court-imposed conditions).
During the course of plea negotiations, a defendant enjoys the right to effective assistance of counsel. See Missouri v. Frye, 132 S. Ct. 1399, 182 L. Ed. 2d 379 (2012) (counsel's performance deemed deficient as defendant entered an open plea of guilty after a more favorable plea offer expired without being communicated by defense counsel); Lafler v. Cooper, 132 S. Ct. 1376, 182 L. Ed. 2d 398 (2012) (defense counsel rendered deficient performance in advising defendant to reject favorable plea offer and go to trial); Burrough v. State, 9 So. 3d 368, 375 (Miss. 2009). In Frye, the United States Supreme Court suggested that:
[t]he prosecution and the trial courts may adopt some measures to help ensure against late, frivolous, or fabricated claims after a later, less advantageous plea offer has been accepted or after a trial leading to conviction with resulting harsh consequences. First, the fact of a formal offer means that its terms and its processing can be documented so that what took place in the negotiation process becomes more clear if some later inquiry turns on the conduct of earlier pretrial negotiations. Second, States may elect to follow rules that all offers must be in writing, again to ensure against later misunderstandings or fabricated charges. Third, formal offers can be made part of the record at any subsequent plea proceeding or before a trial on the merits, all to ensure that a defendant has been fully advised before those further proceedings commence.
Frye, 132 S. Ct. at 1409 (internal citations omitted).