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McComb v. State

Court of Appeals of Mississippi

January 21, 2014

WALTER MCCOMB A/K/A WALTER EDDIE MCCOMB A/K/A JOHNNY A/K/A WALTER E. MCCOMB, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/10/2013. TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS JR. TRIAL COURT DISMISSED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: WALTER MCCOMB (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, bye: BILLY L. GORE.

BEFORE GRIFFIS, P.J., ISHEE AND CARLTON, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, MAXWELL, FAIR AND JAMES, JJ., CONCUR. ROBERTS, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 929

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

CARLTON, J.

¶1. Walter McComb appeals the Harrison County Circuit Court's dismissal of his motion for post-conviction relief (PCR) as a successive writ and as time-barred. McComb argues that his attorneys violated his constitutional rights and failed to provide effective assistance of counsel by: (1) failing to file a motion for " bond relief" ; (2) recommending that he take money to his plea hearing to pay his fines; and (3) failing to pursue an appeal of the adverse ruling on his Motion to Dismiss for Denial of Speedy Trial.

Page 930

¶2. The procedural history of this case reflects that McComb filed his first PCR motion on March 12, 2007, and he filed this current motion on June 21, 2012.[1] The record contains an order from the circuit judge dated July 16, 2007, which denied McComb's first PCR motion. The docket sheet also reflects this information, showing that McComb filed his first PCR motion on March 12, 2007, and that the circuit court denied this first PCR motion on July 16, 2007.

¶3. Finding no error in the circuit court's dismissal of McComb's present PCR motion as time-barred and successive-writ barred, we affirm.

FACTS

¶4. The underlying convictions stem from an indictment issued by a Harrison County grand jury charging McComb with Count I, aggravated domestic violence pursuant to Mississippi Code Annotated section 97-3-7(4) (Rev. 2000), and Count II, aggravated assault pursuant to Mississippi Code Annotated section 97-3-7(2)(b) (Rev. 2000). The grand jury indicted McComb on each count as a habitual offender under Mississippi Code Annotated section 99-19-81 (Rev. 2000).

¶5. Count I of the indictment for aggravated domestic violence charged that McComb " did unlawfully, feloniously, purposely or knowingly cause bodily injury with a deadly weapon, to-wit: a handgun, to Debra Joanne McComb, who was at the said time: a current spouse of Walter Eddie McComb, by striking her with a handgun . . . ." Count II of the indictment charged McComb with committing aggravated assault as part of a common scheme or plan, wherein McComb " did unlawfully, feloniously, wilfully and knowingly cause ...


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