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Bates v. State

Court of Appeals of Mississippi

December 3, 2013

Marcus BATES a/k/a Marcus S. Bates, Appellant
v.
STATE of Mississippi, Appellee.

Page 991

Marcus Bates, appellant, pro se.

Office of the Attorney General by Scott Stuart, attorney for appellee.

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

ISHEE, J.

¶ 1. On April 22, 2002, Marcus Bates pleaded guilty in the Madison County Circuit Court to two counts of automobile burglary. He was sentenced on each count to five years of imprisonment, with four years suspended, and five years to be served on probation, all within the custody of the Mississippi Department of Corrections (MDOC), and with the sentences to run concurrently. On June 13, 2012, Bates filed a motion for post-conviction relief (PCR), which was dismissed. Bates now appeals. Finding no error, we affirm.

STATEMENT OF FACTS

¶ 2. On October 22, 1998, Bates was indicted for two counts of automobile burglary. He later pleaded guilty to both counts on April 22, 2002. He was sentenced on each count to five years of imprisonment, with four years suspended, and five years to be served on probation, all within the custody of the MDOC, and with the sentences to run concurrently. On October 5, 2002, Bates was placed on supervised probation under the MDOC's supervision.

¶ 3. In January 2003, Bates was arrested by the Canton Police Department for automobile burglary. Subsequently, the State filed a petition for revocation of Bates's probation. The hearing was set for April 4, 2003. Bates did not appear. It was later realized that Bates had been arrested and detained by the Madison County Sheriff's Office for possession of cocaine on March 4, 2003. The State amended its petition for revocation to include the later arrest.

¶ 4. On July 24, 2004, Bates was convicted by a jury in the Madison County Circuit Court for possession of cocaine. He was sentenced, as a habitual offender, to eight years to be served in the custody of the MDOC. On July 19, 2004, an order of revocation was entered revoking Bates's probation from his 2002 automobile-burglary convictions.

¶ 5. On July 13, 2012, Bates filed a PCR motion seeking to vacate and set aside his sentences for his convictions of automobile burglary. He asserted that he did not enter his pleas voluntarily and knowingly, and he was denied due process and effective assistance of counsel. The motion was dismissed on December 14, 2012, as time-barred. Aggrieved, Bates appeals, arguing: (1) he was denied effective assistance of counsel; (2) he did not enter his guilty pleas voluntarily and intelligently; (3) he was denied due process when the circuit court judge failed to recuse himself; (4) there is newly discovered evidence requiring

Page 992

the vacation of his guilty pleas; (5) the circuit court imposed an illegal sentence.

DISCUSSION

¶ 6. A trial court's dismissal 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 (¶ 6) ...


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