COURT FROM WHICH APPEALED: COPIAH COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 11/25/2013. TRIAL JUDGE: HON. LAMAR PICKARD. TRIAL COURT DISPOSITION: CONVICTED OF COUNT I, BURGLARY OF A DWELLING, AND SENTENCED TO SEVEN YEARS AS A HABITUAL OFFENDER; AND COUNT II, GRAND LARCENY, AND SENTENCED TO TEN YEARS AS A HABITUAL OFFENDER, WITH THE SENTENCES TO RUN CONSECUTIVELY IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT POSSIBILITY OF PROBATION OR PAROLE.
FOR APPELLANT: MOLLIE MARIE MCMILLIN, OFFICE OF STATE PUBLIC DEFENDER.
JAMES ANTHONY SWILLEY, APPELLANT, Pro se, OFFICE OF STATE PUBLIC DEFENDER.
FOR APPELLEE: LISA L. BLOUNT, OFFICE OF THE ATTORNEY GENERAL.
BEFORE LEE, C.J., ISHEE AND FAIR, JJ. IRVING AND GRIFFIS, P. JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION.
NATURE OF THE CASE: CRIMINAL - FELONY
¶1. James Anthony Swilley was convicted of burglary of a dwelling and grand larceny. The Copiah County Circuit Court sentenced Swilley, as a habitual offender, to seven years for the burglary charge and ten years for the grand-larceny charge. The trial court ordered the sentences to be served consecutively in the custody of the Mississippi Department of Corrections. Swilley filed post-trial motions, which the trial court denied.
¶2. Swilley is represented by the Indigent Appeals Division of the Office of State Public Defender. Swilley's appellate counsel filed a brief with this Court pursuant to Lindsey v. State, 939 So.2d 743 (Miss. 2005), stating no arguable issues existed for appeal. Swilley's appellate attorney also confirmed that she sent a copy of her brief to Swilley, along with correspondence informing Swilley that she found no arguable issues in the record to raise as error, and that Swilley had a right to file a pro se brief to raise any perceived errors. Swilley filed a pro se brief and a reply brief, arguing a defective indictment and ineffective assistance of counsel. Upon review, we find no error and affirm.
¶3. On May 1, 2013, Swilley was arrested while attempting to leave Kitchens Brothers lumber yard in Hazlehurst, Mississippi. Upon arrest, Swilley signed a waiver-of-rights form and admitted to the police that he broke ...