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Strickland v. State

Court of Appeals of Mississippi

June 2, 2015

QUARTAVEOUS STRICKLAND, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/07/2014. TRIAL JUDGE: HON. RICHARD A. SMITH. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

AFFIRMED.

QUARTAVEOUS STRICKLAND, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: MELANIE DOTSON THOMAS, JOHN R. HENRY JR.

BEFORE IRVING, P.J., ISHEE AND CARLTON, JJ. LEE, C.J., CARLTON AND JAMES, JJ., CONCUR. IRVING AND GRIFFIS, P.JJ., BARNES, MAXWELL AND FAIR, JJ., CONCUR IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION. ROBERTS, J., CONCURS IN RESULT ONLY WITHOUT SEPARATE WRITTEN OPINION.

Page 551

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

ISHEE, J.

[¶1] On January 20, 2011, Quartaveous Strickland and two other individuals robbed the Rack & Cue pool hall in Greenville, Mississippi, with a shotgun and a handgun. Strickland was indicted for three counts of armed robbery and one count of conspiracy. On November 30, 2012, Strickland pled guilty in the Washington County Circuit Court to all four counts. He was sentenced to twenty years in prison for each count of armed robbery, with fifteen years to serve and five years of post-release supervision (PRS) on each sentence. He was also sentenced to serve five years in prison for conspiracy, with all sentences running concurrently. Finally, Strickland was ordered to pay court costs and state assessments, a $2,500 fine, and $500 to the Crime Victims' Compensation Fund. Strickland filed a motion for post-conviction relief (PCR), and it was denied by the circuit court. Aggrieved, Strickland filed this appeal. Finding no error, we affirm.

FACTS

[¶2] On January 20, 2011, Strickland and two other individuals entered the Rack & Cue pool hall in Greenville with a shotgun and a handgun. Strickland forced a store employee, Webber Doris, at gunpoint to give him the money from the cash register and the store's money bag that was hidden in the microwave. In addition to taking money from Rack & Cue, Strickland and his co-defendants robbed Doris and William Fulton.

[¶3] After being indicted for three counts of armed robbery and one count of conspiracy, Strickland filed a motion to enter a plea of guilty. A hearing was held on December 10, 2012, and Strickland voluntarily pled guilty to all four counts. The circuit judge imposed a twenty-year sentence for each count of armed robbery, with fifteen years to serve followed by five years of PRS, and a five-year sentence for the conspiracy charge, with all four sentences running concurrently.

[¶4] On July 30, 2013, Strickland filed a PCR motion. In his motion, Strickland claimed that he " received a multi-count indictment for [a]rmed [r]obbery . . . which was multiplicitous in nature and therefore invoked the Double Jeopardy Clause of the Fifth Amendment when his indictment charged him with the same [a]rmed [r]obbery three times making this a Triple Jeopardy."

Page 552

STANDARD OF REVIEW


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