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Rustin v. State

Court of Appeals of Mississippi

May 13, 2014

TERRANCE DARYLL RUSTIN A/K/A TERRANCE D. RUSTIN A/K/A TERRANCE RUSTIN, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Page 271

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.

OPINION

Page 272

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

BARNES, J.

¶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

Page 273

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 ...


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