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Vanwey v. State

Court of Appeals of Mississippi

May 20, 2014

ALISHA VANWEY A/K/A ALISHA GADD A/K/A ALISHA RENAE GADD A/K/A ALISHA RENEA GADD A/K/A ALISHA R. GADD A/K/A ALISHA R. VANWEY A/K/A ALISHA RENEE VAN WEY A/K/A ALISHA R. VANWAY A/K/A ALISHA RENEE WOODS A/K/A ALISHA WOODS A/K/A ALISHA RENAE WEY A/K/A ALISHA RENAE VANNEY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 04/26/2013. TRIAL JUDGE: HON. ROBERT P. CHAMBERLIN. TRIAL COURT DISPOSITION: DISMISSED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: ALISHA VANWEY (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.

BEFORE IRVING, P.J., ROBERTS AND FAIR, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 368

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

IRVING, P.J.

¶1. Alisha Vanwey appeals from the judgment of the DeSoto County Circuit Court dismissing her motion for post-conviction collateral relief (PCR). She argues that the court erred in denying her PCR motion because the State failed to introduce testimony from the witness who certified the documents that were used to prove her prior convictions for establishing habitual-offender status.

¶2. Finding no error, we affirm.

FACTS

¶3. In March 2007, a DeSoto County grand jury indicted Vanwey, as a habitual offender, on four counts of the sale of

Page 369

hydrocodone within 1,500 feet of a park, and on one count of conspiracy to sell a controlled substance. On May 29, 2007, pursuant to a plea agreement with the State, Vanwey entered guilty pleas to three counts of selling hydrocodone. The circuit court deferred sentencing until a later date.

¶4. On August 15, 2007, Vanwey filed a motion to set aside her guilty pleas. After a hearing, the circuit court denied the motion. On September 17, 2007, the court sentenced Vanwey, as a habitual offender, to three concurrent eleven-year sentences on the three counts and ...


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