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Larry v. State

Court of Appeals of Mississippi

November 26, 2013

Channing A. LARRY a/k/a Channing Larry, Appellant
v.
STATE of Mississippi, Appellee.

Page 264

J. Dudley Williams, Aberdeen, attorney for appellant.

Office of the Attorney General by Elliott George Flaggs, attorney for appellee.

Before IRVING, P.J., ISHEE and FAIR, JJ.

ISHEE, J.

¶ 1. On August 19, 2009, Channing Larry pleaded guilty in the Lee County Circuit Court to two counts of armed robbery. He was sentenced to thirty years with fifteen years suspended on each count to be served in the custody of the Mississippi Department of Corrections (MDOC), with the sentences to run concurrently with each other. Subsequently, Larry filed a motion for post-conviction relief (PCR) which was denied. Larry now appeals. Finding no error, we affirm.

STATEMENT OF FACTS

¶ 2. On August 19, 2009, Larry pleaded guilty to two counts of armed robbery. Prior to his plea, Larry had rejected the State's plea-bargain offer of twenty years, with twelve years suspended and eight years to serve. Larry claims tat his attorney assured him that if he pleaded guilty in open court, he would receive no more than the eight years offered by the State.

¶ 3. On August 25, 2009, Larry was sentenced to thirty years, with fifteen years suspended and five years under post-release supervision for Count I and thirty years with fifteen years suspended on

Page 265

Count II, with the sentences to run concurrently with each other. Larry filed a motion on September 1, 2009 to withdraw his guilty pleas. Larry asserted that his pleas were involuntarily made based on improper inducement by his attorney. The motion was denied.

¶ 4. Larry filed a PCR motion on June 10, 2010, which was denied due to his failure to follow the required form. Subsequently, Larry filed an amended PCR motion again alleging that his guilty pleas were not voluntarily and freely made. On March 22, 2011, the circuit court denied the motion. Aggrieved, Larry appeals.

STANDARD OF REVIEW

¶ 5. A trial court's denial of a PCR motion will not be disturbed unless the decision was clearly erroneous. Jackson v. State,67 So.3d 725, 730 (¶ 16) (Miss.2011)(citing Brown v. State, 731 So.2d 595, 598 ...


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