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Shoemake v. State

Court of Appeals of Mississippi

June 6, 2017

DARRELL SHOEMAKE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/18/2015

         COVINGTON COUNTY CIRCUIT COURT HON. WILLIAM R. BARNETT TRIAL JUDGE

          ATTORNEY FOR APPELLANT: BRANDON LARUE BROOKS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON

          BEFORE LEE, C.J., BARNES AND WESTBROOKS, JJ.

          LEE, C.J.

         ¶1. Darrell Shoemake appeals the Covington County Circuit Court's denial of his motion for postconviction relief (PCR). On appeal, Shoemake claims: (1) his guilty plea was entered involuntarily; and (2) his trial counsel was ineffective. Finding his motion is time-barred and without merit, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On February 13, 2009, Shoemake pled guilty in the Covington County Circuit Court to sexual battery for his sexual relationship with a seventeen-year-old National Guard recruit while he was employed as a National Guard recruiter. Shoemake was sentenced to seven years, with two years to serve in the custody of the Mississippi Department of Corrections (MDOC) and five years of postrelease supervision. Shoemake was also required to register as a sex offender. Shoemake filed a motion for PCR on May 29, 2013, and the trial court denied his motion on the merits and as time-barred under the three-year statute of limitations.

         STANDARD OF REVIEW

         ¶3. A circuit court's denial or dismissal of a PCR motion is reviewed for abuse of discretion, and we will only reverse the circuit court if its decision is clearly erroneous. Hughes v. State, 106 So.3d 836, 838 (¶4) (Miss. Ct. App. 2012). However, we review the trial court's legal conclusions under a de novo standard of review. Id.

         DISCUSSION

         I. Time-bar

         ¶4. Mississippi Code Annotated section 99-39-5(2) (Rev. 2015) provides "[a] motion for relief under this article shall be made[, ] . . . in [the] case of a guilty plea, within three . . . years after entry of the judgment of conviction." Shoemake's judgment of conviction was entered on February 13, 2009. Shoemake did not file ...


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