DEAN C. BOYD A/K/A DEAN BOYD, APPELLANT
STATE OF MISSISSIPPI, APPELLEE
DATE OF JUDGMENT: 06/12/2013
LEAKE COUNTY CIRCUIT COURT HON. MARCUS D. GORDON JUDGE
ATTORNEY FOR APPELLANT: DEAN C. BOYD (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, JEFFREY A. KLINGFUSS
BEFORE GRIFFIS, P.J., BARNES, CARLTON AND JAMES, JJ.
¶1. On March 1, 2011, Dean C. Boyd was charged with statutory rape, in violation of Mississippi Code Annotated section 97-3-65(1)(b) (Rev. 2006), for sexually assaulting (and impregnating) his minor daughter, Deborah. DNA tests later confirmed that Boyd was the natural father of Deborah's child. He pleaded guilty to the charge on April 26, 2011, and was sentenced to twenty-five years in the custody of the Mississippi Department of Corrections.
¶2. Boyd filed a motion for post-conviction relief (PCR) on March 27, 2012, asserting claims of ineffective assistance of counsel and an involuntary guilty plea. On July 18, 2012, the Leake County Circuit Court denied Boyd's PCR motion, finding that Boyd had acknowledged at the plea hearing that his guilty plea was "given freely, knowingly, voluntarily, and intelligently, " and that Boyd had "failed to allege fact[s] to show counsel was ineffective and counsel's ineffectiveness prejudiced his defense."
¶3. Boyd filed a second PCR motion on May 10, 2013, asserting the same issues, and additionally claiming that there was (1) new evidence not reasonably discoverable at the hearing that would have caused a different result in the conviction; and (2) an intervening decision by the Mississippi Supreme Court, which would have actually adversely affected the outcome of his conviction or sentence. Specifically, he asserted that his indictment charged him under the wrong statute, which violated his fundamental right against double jeopardy. On June 13, 2013, the trial court denied Boyd's motion, and dismissed the motion as a successive writ.
¶4. On November 15, 2013, after the thirty-day requirement for filing a notice of appeal under Mississippi Rule of Appellate Procedure 4(a) had passed, Boyd filed a notice of appeal, requesting permission to file an out-of-time appeal due to excusable neglect. A note from the Leake County Circuit Clerk, contained in the record, indicates Boyd did not receive a copy of the order denying his PCR motion until November 4, 2013. Additionally, the trial court entered an order on November 25, 2013, allowing Boyd to proceed with his appeal in forma pauperis. The Mississippi Supreme Court concluded in an April 9, 2014 order that the trial court's order, allowing Boyd to appeal in forma pauperis, reopened the time for appeal. Consequently, the supreme court considered Boyd's November 15, 2013 notice of appeal timely and dismissed Boyd's request for an out-of-time appeal as moot.
¶5. On appeal, we affirm the trial court's dismissal of Boyd's PCR motion.
STANDARD OF REVIEW
¶6. "When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review." Martin v. State, 138 So.3d 267, 268 (¶3) (Miss. Ct. App. ...