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Bass v. State

Court of Appeals of Mississippi

March 3, 2015

TERRELL G. BASS A/K/A TERRELL GENE BASS A/K/A TERRELL BASS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 10/07/2013.

Page 884

COURT FROM WHICH APPEALED: MARION COUNTY CIRCUIT COURT, TRIAL JUDGE: HON. ANTHONY ALAN MOZINGO.

TERRELL G. BASS, APPELLANT, Pro se.

FOR APPELLEE: MELANIE DOTSON THOMAS, OFFICE OF THE ATTORNEY GENERAL.

BEFORE IRVING, P.J., ROBERTS AND MAXWELL, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, MAXWELL, FAIR AND JAMES, JJ., CONCUR. CARLTON, J., NOT PARTICIPATING.

OPINION

Page 885

ROBERTS, J.

[¶1] Terrell G. Bass was estranged from his wife, Tonya Stogner. Tonya was staying with her brother, Hershel Stogner. After a confrontation, Hershel told Bass that he was not welcome at his house. Later that night, Bass kicked in Hershel's door. Armed with a shotgun, Bass killed Tonya. Bass also killed Ronald Plummer. Bass shot Hershel, but Hershel survived. The next morning, Bass confessed.

[¶2] Indicted for two counts of capital murder and one count of aggravated assault, Bass took a plea deal. On August 29, 2008, he pled guilty to one count of capital murder, one count of manslaughter, and one count of aggravated assault. In exchange for his guilty pleas, he avoided the possibility of the death penalty. For capital murder, the Marion County Circuit Court sentenced Bass to life in the custody of the Mississippi Department of Corrections. For manslaughter, the circuit court sentenced Bass to twenty years. Finally, Bass received twenty years for aggravated assault, with ten years suspended and five years of post-release supervision. The circuit court set Bass's sentences to run consecutively.

[¶3] On December 6, 2011, Bass filed a motion for post-conviction relief (PCR) and raised one issue. Essentially, Bass argued that because he pled guilty to manslaughter in count two, he could not be convicted of capital murder in count one. On October 10, 2013, the circuit court summarily denied Bass's PCR motion.

[¶4] Bass appeals. He claims he received ineffective assistance of counsel, and the circuit court judge coerced him to plead guilty. Bass also claims that there was insufficient evidence to support a capital-murder charge. Finally, Bass claims the indictment failed to charge a crime. Finding no error, we affirm the circuit court's judgment.

STANDARD OF REVIEW

[¶5] 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 (¶ 8) ...


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