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Owens v. State

Court of Appeals of Mississippi

October 28, 2014

CHARLES DOUGLAS OWENS, II A/K/A CHARLES DOUGLAS OWENS A/K/A CHARLES OWENS A/K/A CHARLES D. OWENS, II, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 08/01/2013.

Page 115

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. LISA P. DODSON. TRIAL COURT DISPOSITION: DENIED PETITION FOR POST-CONVICTION RELIEF.

CHARLE DOUGLAS OWENS II, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LADONNA C. HOLLAND.

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

OPINION

Page 116

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

JAMES, J.

¶1. Charles Douglas Owens II pled guilty in the Harrison County Circuit Court, Second Judicial District, to one count of armed robbery and one count of aggravated assault. Owens was sentenced to serve forty years in the custody of the Mississippi Department of Corrections(MDOC). Owens has ha two prior petitions for post-conviction collateral relief (PCR) denied by the trial court. On both occasions, Owens appealed and this Court affirmed. See Owens v. State, 17 So.3d 628 (Miss. Ct. App. 2009); Owens v. State, 996 So.2d 85 (Miss. Ct. App. 2008). Owens has filed a third PCR petition asserting that his conviction and sentence violate the prohibition against double jeopardy. Owens's petition also asserted that issues raised in his previous PCR petitions should be revisited in light of intervening decisions of the United States Supreme Court and the Mississippi Supreme Court. The trial court denied the petition and Owens now appeals. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY[1]

¶2. On May 20, 2002, a Harrison County grand jury indicted Owens on one count of armed robbery and one count of aggravated assault. Owens entered voluntary pleas of guilty to both counts on February 4, 2003. On March 17, 2003, Owens was sentenced to thirty years for armed robbery and ten years for aggravated assault, with the sentences to run consecutively for a total of forty years in the custody of the MDOC. Owens filed a pro se motion for reconsideration on March 20, 2003. The following week, Owens's attorney-of-record filed a motion for reconsideration or, in the alternative, to withdraw his guilty plea, and on April 4, 2003, Owens filed a pro se motion to withdraw his plea. On February 2, 2006, nearly three years later, Owens's new counsel filed a PCR petition arguing that there were mitigating factors that, if known, would have decreased Owens's sentence; his plea was involuntarily given; and his plea should be withdrawn, as there was an agreement between the circuit court, the State, and Owens as to his sentence. On January 3, 2007, the trial court denied the 2006 PCR petition and Owens appealed. While that decision was pending on appeal, Owens filed a pro se motion for clarification of his sentence stating that the MDOC's position on his parole eligibility contradicted the intent of the trial court. This Court affirmed the trial court's denial of Owens's 2006 PCR petition. See Owens, 996 So.2d at 94 (¶ 33). In so doing, we noted that there was no indication in the record that the trial court had ruled on Owens's three post-trial motions. See id. at 89 (¶ 13).

¶3. Owens petitioned the Mississippi Supreme Court for a writ of mandamus, attempting to compel the trial court to take action on those motions. On August 11, 2008, while the petition for a writ of mandamus was pending, the trial court denied Owens's pro se motion for reconsideration; his attorney's motion for reconsideration or, in the alternative, to withdraw his plea; and Owens's pro se motion to withdraw his plea. The motion for clarification of Owens's sentence was denied by a separate order entered on August 11, 2008. Upon entry of those orders, the Mississippi Supreme Court, on August 15, 2008, dismissed Owens's petition for a writ of mandamus as moot. Owens then appealed

Page 117

the circuit court's denial of his 2003 motions and the motion for clarification of his sentence, and this Court affirmed. See Owens, 17 So.3d at 635 (¶ 20).

¶4. Undeterred, on June 7, 2013, Owens filed another petition for PCR, asserting that his conviction violated the prohibition against double jeopardy. Owens also asserted that he received ineffective assistance of counsel, and that his plea was involuntary and it should be revisited. On August 1, 2013, the trial court denied Owens's petition for PCR, finding that Owens's conviction did not violate the prohibition against double jeopardy, and that Owens's remaining claims were procedurally barred. Owens now appeals, raising the following issues: (1) whether the trial court erred in finding that Owens's ...


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