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Williams v. State

Court of Appeals of Mississippi

May 12, 2015

ALISON NICOLE WILLIAMS A/K/A ALISON RAZIANO A/K/A RAZ A/K/A ALISON WILLIAMS A/K/A ALISON NICOLE WILLIAMS RAZIANO WALTON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Page 994

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/06/2014. TRIAL JUDGE: HON. GERALD W. CHATHAM SR. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: WANDA TURNER-LEE ABIOTO.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BARBARA WAKELAND BYRD.

BEFORE LEE, C.J., ROBERTS AND JAMES, JJ. IRVING AND GRIFFIS, P. JJ.

OPINION

Page 995

LEE, C.J.

FACTS AND PROCEDURAL HISTORY

¶1 On June 29, 2012, Alison Nicole Williams pleaded guilty in the DeSoto County Circuit Court to armed robbery. Williams was sentenced to ten years to serve in the custody of the Mississippi Department of Corrections (MDOC) and ten years of post-release supervision, with five years' reporting and five years' nonreporting. She was also ordered to pay a $1,000 fine. On November 22, 2013, Williams filed a motion for post-conviction relief (PCR). The trial court denied Williams's motion. Williams now appeals, asserting that (1) her plea was involuntary, (2) there was no factual basis to support her plea, and (3) her counsel was ineffective.

STANDARD OF REVIEW

¶2 When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hughes v. State, 106 So.3d 836, 838 (¶ 4) (Miss. Ct. App. 2012).

DISCUSSION

I. VOLUNTARINESS OF PLEA

¶3 Williams argues that her plea was involuntary because she was under the influence of prescription drugs and suffering from a mental illness. Williams raises this issue for the first time on appeal. " If a prisoner fails to raise all of [her] claims in [her] original petition for post-conviction relief, those claims will be procedurally barred if the petitioner seeks to bring them for the first time on appeal to this Court." Rivers v. State, 807 So.2d 1280, 1281 (¶ 5) (Miss. Ct. App. 2002). In her PCR motion, Williams argued that there was no factual basis to support her plea and that her trial counsel's assistance was ineffective. She did not include the argument that her plea was ...


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