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Thornton v. State

Court of Appeals of Mississippi

December 2, 2014

JOMORRIS THORNTON A/K/A JOMORRIS LUSHUN THORNTON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: WAYNE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 10/21/2013. TRIAL JUDGE: HON. ROBERT WALTER BAILEY. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

AFFIRMED.

JOMORRIS THORNTON, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

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

OPINION

Page 717

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

IRVING, P.J.

¶1. Jomorris Thornton appeals the judgment of the Wayne County Circuit Court summarily denying his motion for post-conviction collateral relief (PCR) and alleges error in the circuit court's summary denial.

¶2. Finding no reversible error, we affirm.

FACTS

¶3. Thornton pleaded guilty to conspiracy to commit murder and to murder. The circuit court sentenced him to a term of twenty years for the conspiracy-to-commit-murder conviction, and to life for the murder conviction, all in the custody of the Mississippi Department of Corrections, with the sentences to be served concurrently. Thornton filed a motion to vacate and set aside his conviction and sentence for murder, which the circuit court treated as a PCR motion. In the motion, Thornton alleged that he was denied effective assistance of counsel due to his trial counsel's (1) advice that he should take a plea bargain because he could receive the death penalty in light of the charges, and (2) failure to conduct an investigation to determine whether the State offered to pay money to a codefendant in exchange for evidence against Thornton.

¶4. As stated, the circuit court summarily denied Thornton's PCR motion, ...


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