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Buckner v. State

Court of Appeals of Mississippi

October 15, 2013

JOSHUA BUCKNER A/K/A JOSHUA DAVID BUCKNER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: OKTIBBEHA COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 04/30/2012. TRIAL JUDGE: HON. LEE J. HOWARD. TRIAL COURT DENIED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: JIM WAIDE, RACHEL PIERCE WAIDE, RICHARD SHANE MCLAUGHLIN.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.

BEFORE LEE, C.J., ROBERTS AND CARLTON, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 916

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

CARLTON, J.

¶1. Joshua Buckner pled guilty to one count of leaving the scene of an accident and three counts of aggravated driving under the influence (DUI). Buckner subsequently filed a motion for post-conviction relief (PCR), which the trial court denied. Buckner now appeals. Finding no error, we affirm the trial court's denial of Buckner's PCR motion.

FACTS

¶2. An Oktibbeha County grand jury indicted Buckner on one count of leaving the scene of an accident in violation of Mississippi Code Annotated section 63-3-401 (Supp. 2012) and three counts of aggravated DUI in violation of Mississippi Code Annotated section 63-11-30(5) (Supp. 2012). These charges stemmed from a single-automobile crash that occurred on April 26, 2008. The automobile crash resulted in the death of one passenger and caused injuries to two other passengers. The State charged Buckner with a separate count of aggravated DUI for each victim, as set forth in Counts II-IV of the indictment. Buckner pled guilty to all four counts in the indictment. On January 28, 2009, the trial court accepted Buckner's guilty plea. At the sentencing hearing held February 2, 2009, the trial court sentenced Buckner as follows: five years on

Page 917

Count I, leaving the scene of an accident; twenty years on Count II, aggravated DUI; ten years on Count III, aggravated DUI; and ten years on Count IV, aggravated DUI.

¶3. After his sentencing, Buckner filed a PCR motion arguing the unconstitutionality of section 63-11-30(5). The trial court denied his PCR motion, finding that the 2004 amendment to section 63-11-30(5) rectified the unconstitutionality of the statute as previously found by the Mississippi Supreme Court in Mayfield v. State,612 So.2d 1120, 1128 (Miss. 1992). Buckner now appeals, alleging that receiving multiple convictions for one act of drunk driving under section 63-11-30(5) violates the Double ...


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