TERRANCE DARYLL RUSTIN A/K/A TERRANCE D. RUSTIN A/K/A TERRANCE RUSTIN, APPELLANT
STATE OF MISSISSIPPI, APPELLEE
COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 02/01/2013. TRIAL JUDGE: HON. GERALD W. CHATHAM SR. TRIAL COURT MOTION FOR POST-CONVICTION RELIEF DISMISSED.
FOR APPELLANT: TERRANCE DARYLL RUSTIN (Pro se).
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.
BEFORE IRVING, P.J., BARNES AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
¶1. Terrance Daryll Rustin appeals the DeSoto County Circuit Court's dismissal of his motion for post-conviction relief (PCR). Finding no error, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2. A confidential informant for the DeSoto County Sheriff's Department made a controlled buy of cocaine from Rustin on November 15, 2010. Rustin was indicted on August 10, 2011, for the sale of a controlled substance under Mississippi Code Annotated section 41-29-139 (Rev. 2009), as a habitual offender. As part of a plea agreement, Rustin pleaded guilty to the charge on November 22, 2011, and was sentenced as a non-habitual offender to fifteen years in the custody of the Mississippi Department of Corrections, ten years of post-release supervision, and fines.
¶3. On August 2, 2012, Rustin filed a PCR motion, alleging: (1) " unlawful or illegal use of a probationer as a confidential
informant" ; (2) failure to provide video evidence of the alleged drug transaction; (3) the unlawful admission of certain evidence; and (4) ineffective assistance of counsel. The circuit court dismissed the motion, finding that Rustin had provided no proof or affidavits in support of his motion. Further, the circuit court noted that Rustin had pleaded ...