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Raine v. State

Court of Appeals of Mississippi

October 14, 2014

MARCO S. RAINE A/K/A MARCO SHAUNTA RAINE A/K/A MARCO SHUANTA RAINE A/K/A MARCO RAINE A/K/A MARCO S. RAINE, JR., APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 08/23/2013.

COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF SUMMARILY DISMISSED.

MARCO S. RAINE, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JEFFREY A. KLINGFUSS.

BEFORE GRIFFIS, P.J., ROBERTS, MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

NATURE OF THE CASE: CIVIL - OTHER

Page 217

ROBERTS, J.

¶1. Before the Rankin County Circuit Court, Marco Raine pled guilty to one count of uttering a forgery. On July 1, 2013, Raine filed a motion he labeled as a " writ of habeas corpus, in the alternative, [a] motion to vacate sentence [and] conviction and to set aside guilty plea [and] dismiss charges due to lack of subject[-]matter jurisdiction." The circuit court summarily dismissed Raine's motion, and Raine filed the present appeal asking this Court to determine whether the circuit court had subject-matter jurisdiction over his guilty plea and whether the circuit

Page 218

court erred in not giving him an evidentiary hearing. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. A Rankin County grand jury indicted Raine on March 26, 2008, on one count of uttering a forgery. The indictment charged that Raine:

[O]n or about the 20th day of September 2007, in the county aforesaid [Rankin] and within the jurisdiction of this [circuit c]ourt, did unlawfully, willfully, feloniously, fraudulently and falsely then and there utter and publish as true to an agent of Priority[One] Bank, a certain forged and counterfeit writing on paper and ...

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