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Williams v. State

Court of Appeals of Mississippi

December 3, 2013

Dillon WILLIAMS a/k/a Dillon D. Williams a/k/a Dillon Dewayne Williams, Appellant
v.
STATE of Mississippi, Appellee.

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[Copyrighted Material Omitted]

Page 994

Dillon Williams, appellant, pro se.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

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

CARLTON, J.

¶ 1. Dillon Williams appeals the Marshall County Circuit Court's dismissal of his second motion for post-conviction relief (PCR) as being successive-writ barred. Williams raises the following issues: (1) whether his video confession and guilty pleas were coerced and involuntary; (2) whether his attorney provided ineffective assistance of counsel; (3) whether there was a lack of evidence against him; and (4) whether his sentence was illegal. Williams filed his first PCR petition in August 2012, and he filed his second and successive petition in January 2013. Finding no error in the circuit court's dismissal of Williams's petition as a successive writ, we affirm.

FACTS

¶ 2. A Marshall County grand jury indicted Williams for Count I, burglary of a dwelling (home invasion); Count II, burglary of a dwelling with enhanced punishment; and Count III, aggravated assault with enhanced punishment. On November 10, 2010, Williams signed a plea petition in which he pled guilty to Counts II and III. Count I was retired to the files.

¶ 3. The dwelling house that Williams pled guilty to burglarizing in Count II belonged to Pasquealeen Crum, a ninety-one-year-old woman assaulted during the home invasion. During Williams's sentencing hearing, Williams acknowledged that he had entered an open plea of guilty to two charges and that he had given investigators with the Marshall County Sheriff's Department a video confession on the day that law enforcement questioned him. Crum and one of her daughters also testified at the hearing and described the injuries that Crum sustained during the burglary, which included a fractured shoulder and permanent nerve damage to Crum's face from a fractured eye socket and jaw.

¶ 4. Because Crum's advanced age satisfied the statutory requirements for enhanced punishment for aggravated assault of an individual over sixty-five, the punishment for Williams's aggravated assault was enhanced pursuant to Mississippi Code Annotated sections 97-3-7(2)(a) (Rev.2006), 99-19-351 (Rev.2007), and 99-19-357 (Rev.2007). On December 16, 2010, the Marshall County Circuit Court sentenced Williams to serve twenty-five years in the custody of the Mississippi Department of Corrections (MDOC) for the burglary of a dwelling. The circuit court sentenced Williams to serve an enhanced punishment of forty years for aggravated

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assault, which was ordered to run consecutively to the burglary sentence.

¶ 5. The circuit court dismissed Williams's first PCR motion on August 24, 2012, finding that " it plainly appears from the face of the motions, exhibits, and prior proceedings that the defendant is not entitled to any relief." Williams subsequently filed a second PCR motion, which the circuit court dismissed on January 10, 2013, finding that the motion was ...


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