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Johnson v. State

Court of Appeals of Mississippi

June 6, 2017

TERRANCE O. JOHNSON A/K/A TERRANCE ORLANDO JOHNSON A/K/A TERRANCE JOHNSON A/K/A TERRENCE O. JOHNSON A/K/A TERRENCE ORLANDO JOHNSON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

          DATE OF JUDGMENT: 05/10/2016

         MADISON COUNTY CIRCUIT COURT HON. JOHN HUEY EMFINGER TRIAL JUDGE

          ATTORNEY FOR APPELLANT: TERRANCE O. JOHNSON (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE

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

          LEE, C.J.

         ¶1. Terrance Johnson appeals the denial of his motion for postconviction relief (PCR). Finding no merit to Johnson's claim that he was mentally incompetent to plead guilty, we affirm.

         PROCEDURAL HISTORY

         ¶2. On October 22, 2012, in the Madison County Circuit Court, Johnson pleaded guilty to two counts of sale of cocaine, one of which was committed within 1, 500 feet of a school. The judgment of conviction was entered October 24, 2012. His sentence totaled sixty years, with thirty years to serve in the custody of the Mississippi Department of Corrections and five years of postrelease supervision.

         ¶3. On May 2, 2016, Johnson filed a PCR motion, alleging his sentence is illegal, his plea was involuntary, and his trial counsel was ineffective. The trial court denied Johnson's PCR motion. On appeal, Johnson argues that he was not competent to enter a guilty plea.

         STANDARD OF REVIEW

         ¶4. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hughes v. State, 106 So.3d 836, 838 (¶4) (Miss. Ct. App. 2012).

         DISCUSSION

         ¶5. In his only issue on appeal, Johnson argues that he was not competent to enter a guilty plea. Johnson contends the trial court should have questioned ...


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