Joseph v. State

I agree petitioner knowingly and voluntarily entered a guilty plea to murder and the murder indictment was sufficient to confer subject matter jurisdiction. I disagree grand larceny is not a lesser included offense of armed robbery. In my opinion, grand larceny is a lesser included offense of armed robbery and, therefore, the trial judge had subject matter jurisdiction to accept petitioner’s guilty plea to grand larceny. Accordingly, I would reverse the post-conviction relief (PCR) judge’s order.

The circuit court has subject matter jurisdiction to convict a defendant of an offense if 1) there…