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Carson v. State

Court of Appeals of Mississippi

November 18, 2014

MONICA CARSON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Page 154

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 09/05/2013. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

MONICA CARSON, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LAURA HOGAN TEDDER.

BEFORE LEE, C.J., ROBERTS AND CARLTON, JJ.

OPINION

Page 155

LEE, C.J.

FACTS AND PROCEDURAL HISTORY

¶1. On June 6, 2011, Monica Carson pleaded guilty in the Madison County Circuit Court to robbery. Carson was sentenced to fifteen years to serve in the custody of the Mississippi Department of Corrections (MDOC). She also pleaded guilty to robbery in two other related cause numbers, and received suspended sentences of fifteen years each, to run concurrently with each other but consecutively to the first sentence. Carson was sentenced to five years of supervised probation. On June 26, 2013, Carson filed a motion for post-conviction relief (PCR). The trial court denied Carson's motion. Carson now appeals, asserting (1) ineffective assistance of counsel, (2) disparate sentencing, (3) error in the trial court's acceptance of her plea, (4) error in the trial court's denial of an evidentiary hearing, (5) error in the trial court's denial of her motion for PCR, and (6) cumulative error.

STANDARD OF REVIEW

¶2. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hughes v. State, 106 So.3d 836, 838 (¶ 4) (Miss. Ct. App. 2012).

DISCUSSION

I. INEFFECTIVE ASSISTANCE OF COUNSEL

¶3. Carson argues her counsel was ineffective because he failed to advise her about the law of robbery and accessory after the fact, inform her of the consequences of her plea, and investigate the case and interview witnesses. In order to succeed on a claim of ineffective assistance of counsel, the defendant must prove that counsel's performance was deficient and that the deficient ...


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