DATE OF JUDGMENT: 09/03/2014
JONES COUNTY CIRCUIT COURT HON. BILLY JOE LANDRUM JUDGE.
ATTORNEY FOR APPELLANT: RICKEY GAVIN (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JOHN R.
¶1. In 2009, Ricky Gavin pled guilty to capital murder and was sentenced to life. This court affirmed the denial of Gavin's first post-conviction-relief (PCR) motion in 2011. He now appeals the dismissal of his second PCR motion, filed in 2014, which the circuit judge denied as both time-barred and successive-writ barred. After review, we find the circuit judge properly held that his current PCR challenge was procedurally barred. There is also no merit to his defective-indictment challenge since the State properly pled both capital murder and the underlying robbery. We therefore affirm.
I. Procedural Bars
¶2. Under Mississippi's PCR statute, challenges to guilty pleas must be filed within three years after entry of the judgment of conviction. Miss. Code Ann. § 99-39-5(2) (Supp. 2014). Gavin pled guilty in 2009 but waited until 2014 to file this PCR challenge. So his present PCR motion was properly dismissed as untimely.
b. Successive-Writ Bar
¶3. Gavin's second procedural snag is that he filed an earlier PCR attack in 2010-a challenge dismissed by the circuit court and affirmed by this court in 2011. Gavin, 72 So.3d at 577 (¶22). The Uniform Post-Conviction Collateral Relief Act (UPCCRA) bars review of PCR challenges when the movant has already filed a PCR motion. Miss. Code Ann. § 99-39-23(6) (Supp. ...