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Berryman v. State

February 09, 1999

BRIAN SCOTT BERRYMAN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Lee, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J.

DATE OF JUDGMENT: 03/19/1998

TRIAL JUDGE: HON. FRANK A. RUSSELL

COURT FROM WHICH APPEALED: TISHOMINGO COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - POST CONVICTION RELIEF

TRIAL COURT DISPOSITION: 03/19/1998: POST-CONVICTION COLLATERAL RELIEF DENIED;

DISPOSITION: AFFIRMED - 02/09/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Brian S. Berryman pled guilty to capital murder, burglary, and armed robbery. He subsequently filed two motions for post-conviction relief, the second of which was dismissed as procedurally barred by the prior motion. Berryman appeals this dismissal. We affirm.

FACTS

¶2. On April 16, 1990, Brian Berryman pled guilty to the capital murder, burglary, and armed robbery of John Soloman, a ninety-year-old resident of Tishomingo County. Berryman was sentenced to life for the capital murder, twenty-five years for burglary, and forty-two years for armed robbery. The sentences were to run consecutively.

ΒΆ3. In December 1992 Berryman filed a motion to amend or reduce his sentences, contending that he did not understand the consequences of a guilty plea and specifically that he did not understand the meaning of the word "consecutive." He also alleged ineffective assistance of counsel. A 1997 "Petition for Transmission of Records" was filed that asked for the records of the trial proceedings to be acquired from Tishomingo County so that a motion for post-conviction relief could be prepared. Though Berryman discusses issues that allegedly ...


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