OF JUDGMENT: 06/05/2015
FROM WHICH APPEALED DESOTO COUNTY CIRCUIT COURT HON. ROBERT
P. CHAMBERLIN TRIAL JUDGE.
ATTORNEY FOR APPELLANT: WILLIE WASH (PRO SE).
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ALICIA MARIE AINSWORTH.
LEE, C.J., BARNES AND FAIR, JJ.
Willie Wash appeals the Circuit Court of DeSoto County's
judgment denying his motion for post-conviction relief (PCR).
Finding no error, we affirm.
OF FACTS AND PROCEDURAL HISTORY
In November 2013, Wash was indicted for one count of
third-offense felony shoplifting, in violation of Mississippi
Code Annotated section 97-23-93(6) (Rev. 2006), for stealing
eight containers of Gain washing detergent and one pack of
Bounty paper towels from a Walmart. Wash was charged as a
habitual offender under Mississippi Code Annotated section
99-19-83 (Rev. 2015), as two of his numerous other prior
felonies were violent in nature. On May 1, 2014, Wash pleaded
guilty to the shoplifting as charged, and as a result, the
State agreed to lower his habitual-offender status to section
99-19-81, thereby allowing Wash to receive the maximum term
of imprisonment prescribed for the crime of shoplifing rather
than life imprisonment. The court sentenced Wash to serve
five years in the custody of the Mississippi Department of
Corrections, and to pay a fine of $1, 000.
On April 23, 2015, Wash filed a lengthy PCR motion claiming
ineffective assistance of counsel, irregularities in his
indictment, involuntary plea, vindictive prosecution, and
other constitutional violations. More specifically, Wash
argued that he never received a preliminary hearing and that
one of his prior crimes was listed twice on the indictment.
Attached to his motion were numerous letters written by Wash
to his counsel from January through April 2014, as well as
bar-complaint information. In the letters, Wash complained about
his counsel's assistance and the falsity of his
indictment; he requested the "discovery package"
for his case and a rule book. In May 12, 2015, Wash filed an
amended PCR motion, making similar claims, but additionally
arguing that the State breached the plea agreement in
violation of the State and Federal Constitutions because he
was promised eligibility for parole after serving fifty
percent of his sentence.
On June 5, 2015, the circuit court denied Wash's motion,
finding his claims without merit. Nearly five months later,
on November 9, 2015, Wash appealed the denial. The next day,
the circuit court issued an order granting leave for Wash to
proceed on appeal in forma pauperis, and this Court
subsequently permitted Wash's out-of-time
When reviewing a circuit court's denial of a PCR motion,
the appellate court will only disturb the circuit court's
factual findings if they are clearly erroneous. Matters of
law are reviewed de novo. Doss v. ...