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Brooks v. State

Court of Appeals of Mississippi

May 27, 2014

RUFUS BROOKS, JR. A/K/A RUFUS BROOKS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 05/15/2013. TRIAL JUDGE: HON. WINSTON L. KIDD. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED.

FOR APPELLANT: RUFUS BROOKS JR. (Pro se).

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

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

OPINION

Page 315

GRIFFIS, P.J.

¶1. Rufus Brooks Jr. (" Brooks" ) appeals the dismissal of his motion for post-conviction collateral relief (PCCR). Brooks argues that the trial court imposed an illegal sentence for both conspiracy to commit murder and manslaughter, and that his guilty plea to conspiracy to commit murder amounts to double jeopardy.[1] We find no error and affirm.

FACTS

¶2. On March 27, 2005, Rufus Brooks Sr. was found murdered. Brooks and Nicholas Brooks were arrested and charged with conspiracy to commit murder and murder, in violation of Mississippi Code Annotated sections 97-1-1 (Supp. 2013) and 97-3-19(1)(a) (Supp. 2013).

¶3. On September 25, 2006, Brooks pled guilty to manslaughter and conspiracy to commit murder. Brooks was sentenced to ten years for conspiracy, with five years to serve and five years suspended, and twenty years for manslaughter. The sentences were ordered to run consecutively.

¶4. On January 7, 2013, Brooks filed a PCCR motion. The trial court dismissed the motion with prejudice. Brooks now appeals to this Court.

STANDARD OF REVIEW

¶5. This Court will not reverse a trial court's dismissal of a PCCR motion unless the trial court's decision was clearly erroneous. Madden v. State,75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App. 2011). When reviewing ...


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