DATE OF JUDGMENT: 06/18/2013.
COURT FROM WHICH APPEALED: SHARKEY COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. M. JAMES CHANEY JR. TRIAL COURT DISPOSITION: POST-CONVICTION RELIEF DENIED.
FOR APPELLANT: FREDDRICK STAMPS (Pro se).
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LADONNA C. HOLLAND.
BEFORE LEE, C.J., ISHEE, ROBERTS AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.
¶1. Freddrick Stamps pled guilty to burglary. The Sharkey County Circuit Court sentenced him to fifteen years in the custody of the Mississippi Department of Corrections (MDOC), with ten years suspended and five years to serve, followed by three years of post-release supervision. By pleading guilty to burglary, Stamps avoided prosecution for sexual battery. Additionally, Stamps avoided prosecution as a habitual offender under Mississippi Code Annotated section 99-19-81 (Rev. 2007). After he pled guilty, Stamps filed a motion for post-conviction relief (PCR), and later " amended" his PCR motion to
raise additional issues. The circuit court found no merit to Stamps's PCR motion and summarily denied his request for relief. Stamps appeals. Finding no error, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2. Stamps was indicted for sexual battery and burglary of a dwelling. Additionally, the prosecution alleged that Stamps qualified for enhanced sentencing as a habitual offender under section 99-19-81. Accordingly, Stamps faced a potential sentence of twenty-five years for burglary. Miss. Code Ann. § 97-17-23(1) (Rev. 2014). He also faced a maximum sentence of thirty years for sexual battery. Miss. Code Ann. § 97-3-101(1) (Rev. 2014). Later, the prosecution offered to drop the sexual-battery charge and the habitual-offender portion of the indictment if Stamps agreed to plead guilty to burglary. The prosecution also agreed to recommend that the circuit court sentence Stamps to fifteen years in the custody of the MDOC, with ten years suspended and five years to serve, followed by three years of post-release supervision. Stamps took the deal. He pled guilty to burglary on October 9, 2012. The circuit court sentenced him consistent with the prosecution's recommendation.
¶3. In January 2013, Stamps filed a PCR motion. He claimed that his conviction and sentence for burglary should be vacated because he did not receive an initial appearance within forty-eight hours of his arrest. Stamps also claimed he received ineffective assistance of counsel because his attorney did not make the circuit court aware of alleged variations between the victim's statement and the statement discussed in a police report. He also argued that his lawyer was ineffective because she did not inform the circuit court of the delay in Stamps's initial appearance. Finally, Stamps claimed that his guilty plea was involuntary because he told his lawyer that he wanted to go to trial before he decided to plead guilty.
¶4. Two months later, Stamps filed an " amendment" to his PCR motion. Within his " amendment," Stamps raised four new issues. He claimed that there was insufficient evidence that he was guilty of burglary, because there was insufficient evidence that he broke into the victim's house with the intent to commit sexual battery. Stamps also claimed that the burglary charge in the indictment was fatally defective. It appears that he attempted to raise a new issue regarding his delayed initial appearance, but he essentially repeated the claim he raised in his original PCR motion. Lastly, he claimed that the sexual-battery charge in the indictment was fatally defective because it did not allege that he committed an overt act in furtherance of attempted sexual battery.
¶5. The circuit court considered the merits of the claims that Stamps raised in his original PCR motion and the " amendment" that he filed two months later. However, the circuit court found no merit to Stamps's claims. Stamps appeals.
STANDARD OF REVIEW
¶6. In reviewing a circuit court's decision to deny a PCR motion, an appellate court will not disturb the circuit court's factual findings unless they are clearly erroneous. Rowland v. State, 42 So.3d 503, 506 ...