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Alsahquni v. State

Court of Appeals of Mississippi

November 4, 2014

ABDULLAH QASEM ALSAHQUNI A/K/A MIKE A/K/A ABDULLAH ALSAHQUNI A/K/A ABDULLAH ALSAHQANI A/K/A ABDULLAH ALSAQUANI, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 07/18/2013.

COURT FROM WHICH APPEALED: OKTIBBEHA COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. LEE J. HOWARD.

FOR APPELLANT: MARK KEVIN HORAN, HARTWELL VIRGINIA HARRIS.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

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

OPINION

Page 160

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

FAIR, J.

¶1. Abdullah Qasem Alsahquni received five years of nonadjudicated probation following a guilty plea. Shortly after his charges were dismissed, he filed two separate motions for post-conviction relief (PCR). The trial court dismissed both motions, stating it had no jurisdiction. We agree, finding that " nonadjudication" of guilt resulting in dismissal of charges is not a " conviction" or " sentence" within the purview of the Mississippi Uniform Post-Conviction Relief Act. Therefore, Alsahquni lacks standing to make any claims under Mississippi Code Annotated section 99-39-5 (Supp. 2014). The judgment of the trial court is affirmed.

Page 161

FACTS

¶2. On October 12, 2006, and November 7, 2006, a confidential informant entered Alsahquni's convenience store and purchased over 250 dosage units of pseudoephedrine; both times, the informant told Alsahquni she intended to manufacture methamphetamine. Consequently, Alsahquni was indicted for two counts of selling pseudoephedrine to unlawfully manufacture a controlled substance. See Miss. Code Ann. § 41-29-315(5)(a) (repealed July 1, 2010). He pled guilty to the first charge, and the State retired the second charge. The court withheld Alsahquni's guilty plea and placed him on nonadjudicated probation for five years. He was also assessed a $5,000 fine. On September 14, 2011, the court released Alsahquni from probation and dismissed his charges. Despite the dismissal of the charges, Alsahquni's guilty plea negatively affected his immigration status; he was taken into federal custody for potential deportation.

¶3. Alsahquni filed a PCR motion on October 21, 2011, claiming that his guilty plea was involuntary and that he received ineffective assistance of counsel. Specifically, he claimed his attorney should have advised him of the consequences associated with his guilty plea.[1] The court issued a writ of habeas corpus ad prosequendum to the Federal Detention Center in Oakdale, Louisiana, and Department of Homeland Security to transport Alsahquni to the evidentiary hearing set for April 20, 2012. The federal authorities would not cooperate, so Alsahquni and the State agreed to submit memorandums briefing the issues in lieu of a hearing. Additionally, Alsahquni submitted an affidavit stating that his attorney did not inform him that entering a guilty plea would affect his immigration status. Alsahquni's trial attorney also filed an affidavit, recognizing that he had no experience in immigration law and therefore did not inform Alsahquni he would be deported following a guilty plea. He also stated, however, that he referred his immigration clients, including Alsahquni, to consult an immigration attorney on issues of immigration.

¶4. In dismissing Alsahquni's PCR motion, the court stated it lacked jurisdiction since Alsahquni's charges were dismissed in September 2011. Jurisdiction notwithstanding, the court addressed both ...


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