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Sweet v. State

Court of Appeals of Mississippi

April 14, 2015

BRIAN SWEET APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 03/26/2014

HINDS COUNTY CIRCUIT COURT HON. WINSTON L. KIDD TRIAL JUDGE

ATTORNEY FOR APPELLANT: BRIAN SWEET (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD

BEFORE GRIFFIS, P.J., ROBERTS AND FAIR, JJ.

GRIFFIS, P.J.

¶1. On August 16, 2007, Brian Sweet, Craig Sweet, and Carl Hollins were indicted for the capital murder and kidnapping of Deshun Lynell Vaughn. On January 19, 2010, Sweet entered a guilty plea and was sentenced to serve life in prison without the possibility of parole.

¶2. On January 13, 2014, Sweet filed his motion for post-conviction collateral relief (PCCR). The circuit court dismissed the motion with prejudice, and Sweet noticed his appeal.

¶3. This Court will not overturn a trial court's dismissal of a PCCR motion on appeal "unless the trial court's decision was clearly erroneous." Chapman v. State, 135 So.3d 184, 185 (¶6) (Miss. Ct. App. 2013) (citation omitted). "When reviewing questions of law, this Court's standard of review is de novo." Id. (citation omitted).

¶4. "The trial court may summarily dismiss a PCCR motion without an evidentiary hearing 'if it plainly appears from the face of the motion, any annexed exhibits[, ] and the prior proceedings in the case that the movant is not entitled to any relief.'" Cummings v. State, 130 So.3d 129, 131 (¶4) (Miss. Ct. App. 2013) (quoting Miss. Code Ann. § 99-39-11(2) (Supp. 2012)).

¶5. The State argues that Sweet's motion is procedurally barred because Sweet failed to file it within three years. Miss. Code Ann. § 99-39-5(2) (Supp. 2014). The State also argues that Sweet's motion fails to conform with the content requirements for such motions. Miss. Code Ann. § 99-39-9(1) (Rev. 2014).

¶6. We begin with the time-bar of section 99-39-5(2), which Sweet fails to address. Sweet entered a guilty plea on January 19, 2010, and he filed his PCCR motion on January 13, 2014. Accordingly, we find that section 99-39-5(2) bars our review of his motion.

¶7. Section 99-39-5(2) also provides:

Excepted from this three-year statute of limitations are those cases in which the petitioner ...

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