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Barker v. State

Court of Appeals of Mississippi

November 19, 2013

Terrance BARKER a/k/a Terrance Lashawn Barker a/k/a Shawn, Appellant
v.
STATE of Mississippi, Appellee.

Terrance Barker, appellant, pro se.

Office of the Attorney General by Stephanie Breland Wood, attorney for appellee.

Before GRIFFIS, P.J., ISHEE and CARLTON, JJ.

GRIFFIS, P.J.

¶ 1. Terrance Barker appeals the dismissal of his motion for post-conviction collateral relief (PCCR). The circuit court determined that Barker's motion was time-barred pursuant to Mississippi Code Annotated section 99-39-5(2) (Supp.2012). Barker contends that this dismissal was in error. We find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. On or about November 30, 2001, Barker and two other individuals charged into a trailer in Lowndes County, Mississippi. Juan Martinez and Alfonzo Garza were two of the occupants of the trailer. The two other individuals with Barker were armed with a shotgun and a pistol. They pointed their weapons at Martinez and Garza, and they left with approximately $3,000. A witness saw Barker and his two colleagues outside of the trailer and was able to identify them. Based on the witness's information, the police arrested Barker's colleagues. Both of them confessed to the crime and identified Barker as being involved with them. They both were willing to testify against Barker in court.

¶ 3. On May 20, 2002, Barker pled guilty to one count of armed robbery pursuant Mississippi Code Annotated section 97-3-79 (Rev.2006). In exchange for his guilty plea, the State agreed to retire Barker's second count of armed robbery to the file.

Page 136

On May 24, 2002, Barker was sentenced to serve seventeen years in the custody of the Mississippi Department of Corrections.

¶ 4. On July 13, 2012, Barker filed a petition to reduce his sentence and/or withdraw his guilty plea with the trial court. Barker argued that he entered his guilty plea based on erroneous advice fro his counsel. The circuit court treated the petition as a PCCR motion and summarily dismissed the motion without an evidentiary hearing. The circuit court ruled that the motion was time-barred based on the three-year statute of limitations. It is from this order that Barker now appeals.

STANDARD OF REVIEW

¶ 5. We will not reverse a trial court's dismissal of a PCCR motion unless the trial court's decision was clearly erroneous. Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011) (citation omitted). When reviewing questions of law, this Court's standard of review is de novo. Id. (citing Brown v. State, 731 So.2d 595, 598 (¶ 6) (Miss.1999)).

ANALYSIS

¶ 6. The circuit court properly dismissed Barker's motion as time-barred. The Mississippi Uniform Post-Conviction Collateral Relief Act, in Mississippi ...


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