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IN THE SUPREME COURT OF MISSISSIPPI NO. 94-CA-00112-SCT EZELL HOLIDAY, JR. v. STATE OF MISSISSIPPI THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: 12/09/93 HON. WILLIAM F. COLEMAN HINDS COUNTY CIRCUIT COURT PRO SE OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE CYNTHIA HEWES SPEETJENS CIVIL - POST CONVICTION RELIEF AFFIRMED - 10/9/97 10/30/97

DISTRICT ATTORNEY: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE PRATHER, P.J., BANKS AND SMITH, JJ. BANKS, JUSTICE, FOR THE COURT:

This is an appeal challenging a lower court's denial of a petition for post-conviction relief. The petition asserted that the appellant's guilty plea and sentence for the rape of his ten-year-old stepdaughter was invalid because the crime charged in the indictment (capital rape) was different from the crime to which the appellant pled guilty ("simple rape"). Based upon a careful review of the proceedings in the lower court, we affirm the trial court's denial of the petition for post-conviction relief, finding that the appellant voluntarily, intelligently, and knowingly pled guilty to a related, inferior offense of capital rape. I. On June 10, 1992, Ezell Holiday (Holiday) was indicted for the capital rape of his stepdaughter,

pursuant to Miss. Code Ann.

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