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:
¶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.
¶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.
¶3. 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 ...