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Vanwey v. State

Court of Appeals of Mississippi

August 13, 2013

ALISHA VANWEY A/K/A ALISHA GADD A/K/A ALISHA RENAE GADD A/K/A ALISHA RENEA GADD A/K/A ALISHA R. GADD A/K/A ALISHA R. VANWEY A/K/A ALISHA RENEE VAN WEY A/K/A ALISHA R. VANWAY A/K/A ALISHA RENEE WOODS A/K/A ALISHA WOODS A/K/A ALISHA RENAE WEY A/K/A ALISHA RENAE VANNEY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/05/2012. TRIAL JUDGE: HON. ROBERT P. CHAMBERLIN. TRIAL COURT DISPOSITION: POST-CONVICTION COLLATERAL RELIEF DENIED.

FOR APPELLANT: ALISHA VANWEY (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE GRIFFIS, P.J., MAXWELL AND FAIR, JJ. LEE, C.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., CONCURS IN PART AND IN THE RESULT.

OPINION

Page 1025

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

GRIFFIS, P.J.:

[¶1] Alisha Vanwey appeals the denial of her motion for post-conviction collateral relief (PCCR). Vanwey argues that (1) the habitual-offender portion of the indictment was defective and unconstitutional because it failed to specify that the dates listed were dates of previous judgments rather than dates of previous convictions, and (2) sentencing her as a habitual offender was unconstitutional because the indictment failed to set out two prior convictions for which she had been sentenced to serve one year or more. We find no error and affirm.

FACTS

[¶2] Vanwey was indicted by a grand jury in DeSoto County, Mississippi, on four counts (counts one-four) of selling hydrocodone and one count (count five) of selling codeine. She entered a guilty plea to counts one, two, and four. On October 23, 2007, the court sentenced Vanwey to serve eleven years on each count, as a habitual offender pursuant to Mississippi Code Annotated section 99-19-81 (Rev. 2007). The sentences were ordered to run concurrently. The court further ordered that counts three and five be remanded to the files.

[¶3] Vanwey filed a motion for PCCR on March 12, 2008. The circuit court denied the motion. Vanwey appealed, and this Court affirmed on March 1, 2011. See Vanwey v. State, 55 So.3d 1133, 1139 (¶ 15) (Miss. Ct.App. 2011).

[¶4] Vanwey filed another motion for PCCR on October 10, 2011. The circuit court denied the motion. Vanwey was granted leave to appeal out of time. Vanwey now appeals from the denial of her PCCR motion.

STANDARD OF REVIEW

[¶5] In reviewing the denial of a PCCR motion, an appellate court " will not disturb the trial court's factual findings unless they are found to be clearly erroneous." Callins v. State,975 So.2d 219, 222 (¶ 8) (Miss. 2008). ...


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