OF JUDGMENT: 08/18/2015
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
LEE, C.J., BARNES AND WESTBROOKS, JJ.
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.
AND PROCEDURAL HISTORY
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.
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.
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 ...