Before Thomas, P.j., Lee, And Southwick, JJ.
The opinion of the court was delivered by: Lee, J.
DATE OF JUDGMENT: 03/21/1997
TRIAL JUDGE: HON. KENNETH LEVENE THOMAS
COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: LAURENCE Y. MELLEN
NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF
TRIAL COURT DISPOSITION: PETITION FOR PCR DENIED.
DISPOSITION: AFFIRMED - 03/23/1999
MOTION FOR REHEARING FILED:
¶1. On September 1, 1996, Kevierre Weatherspoon was indicted for aggravated assault against Edward Williams. On October 28, 1996, Kevierre Weatherspoon withdrew his previous plea and entered a plea of guilty to the charge of aggravated assault. On January 31, 1997, approximately three months following his plea of guilty, Weatherspoon obtained new counsel and filed a "Petition For Post-Conviction Relief." The trial court determined the petition had no merit and the same was denied. From this denial, Weatherspoon perfects his appeal to this Court and argues that the guilty plea was involuntary due to misrepresentations made to him by counsel, and therefore, the trial court erred in denying his petition. Additionally, Weatherspoon argues that he received ineffective assistance of counsel. Finding his arguments without merit, we affirm.
¶2. On September 1, 1996, Weatherspoon was indicted for aggravated assault against Edward Williams. There are two versions presented in this case relative to the events leading up to the assault of Williams. One version was that presented by Weatherspoon to his counsel, and the other version of events was presented to the court by Williams, the victim. Weatherspoon informed his attorney that the gun discharged while both he and Williams were fighting over the gun. Williams would later testify that he ...