FREDERICK D. SMALL A/K/A FREDERICK DEAINE SMALL A/K/A FREDERICK DEWAINE SMALL A/K/A FREDERICK SMALL, APPELLANT
STATE OF MISSISSIPPI, APPELLEE
[Copyrighted Material Omitted]
COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 05/10/2013. TRIAL JUDGE: HON. ROBERT P. CHAMBERLIN. TRIAL COURT MOTION FOR POST-CONVICTION RELIEF DENIED.
FOR APPELLANT: FREDERICK D. SMALL (Pro se).
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: ELLIOTT GEORGE FLAGGS.
BEFORE GRIFFIS, P.J., BARNES AND JAMES, 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. Frederick Small was convicted in DeSoto County Circuit Court on his guilty plea to burglary of a dwelling and was sentenced on February 2, 2010, as a habitual offender. The judgment was filed on February 11, 2010. Small's motion for post-conviction relief (PCR), dated February 12, 2013, was filed of record on February 13, 2013. The circuit court dismissed the motion, both as time-barred under Mississippi Code Annotated section 99-39-5(2) (Supp. 2013), and as substantively without merit.
¶2. Small has appealed the circuit court's order of dismissal. Finding ...