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Ashmore v. State

Court of Appeals of Mississippi

December 10, 2013

Terry Mark ASHMORE a/k/a Terry M. Ashmore a/k/a Terry Ashmore, Appellant
v.
STATE of Mississippi, Appellee.

Page 304

Terry Mark Ashmore, appellant, pro se.

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

Before IRVING, P.J., ROBERTS and JAMES, JJ.

IRVING, P.J.

¶ 1. Terry Mark Ashmore pleaded guilty to one count of conspiracy to sell morphine, a controlled substance, and two counts of the sale of morphine. The Coahoma County Circuit Court sentenced Ashmore to five years for the conspiracy conviction and to ten years for each sale-of-morphine conviction, with the sentences to run concurrently, all in the custody of the Mississippi Department of Corrections. Ashmore filed a pro se motion for post-conviction relief (PCR), alleging that the indictment was improper, that his sentence was contrary to his plea agreement, and that he received ineffective assistance of counsel. The circuit court summarily dismissed Ashmore's PCR motion. Feeling aggrieved, Ashmore appeals and argues

Page 305

that the circuit court erred in dismissing his PCR motion.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. On December 8, 2009, law enforcement officials arrested Ashmore, along with a female codefendant, for conspiracy to sell a controlled substance and for the sale of a controlled substance. Ashmore insisted that he was arrested only for the unauthorized sale of Klonopin. The indictment alleged that Ashmore and his female codefendant had conspired to sell morphine and that Ashmore had, on two separate occasions, sold morphine. Ashmore pleaded guilty to the charges in the indictment. The circuit court determined that Ashmore's pleas were " knowingly, understandably, freely, and voluntarily made" and accepted Ashmore's guilty pleas to all counts of the indictment.

¶ 4. Additional facts, as necessary, will be related during our analysis and discussion of the issue.

ANALYSIS AND DISCUSSION OF THE ISSUES

¶ 5. The circuit court may summarily dismiss a PCR motion without an evidentiary hearing " [i]f it plainly appears from the face of the motion, any annexed exhibits[,] and the prior proceedings in the case that the movant is not entitled to any relief[.]" Miss.Code Ann. § 99-39-11(2) (Supp.2013). An appellate court will not reverse a circuit court's dismissal of a PCR motion unless the circuit court's decision was clearly erroneous. Means v. State,43 So.3d 438, 441 (¶ 6) (Miss.2010). However, questions of law ...


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