ANDREW LEON BRADLEY A/K/A ANDREW L. BRADLEY A/K/A ANDREW BRADLEY APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 08/02/2016
COUNTY CIRCUIT COURT HON. JAMES MCCLURE III TRIAL JUDGE.
ATTORNEY FOR APPELLANT: ANDREW LEON BRADLEY (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE
LEE, C.J., CARLTON AND FAIR, JJ.
Andrew Bradley pled guilty to one count of possession of
cocaine with intent to distribute, as a habitual offender. He
did so pursuant to a plea bargain, where in exchange for his
guilty plea the prosecution agreed to eliminate a recidivist
enhancement, to recommend a maximum of a ten-year sentence,
to retire to the file charges in another case. The circuit
court sentenced Bradley to ten years, as a habitual offender
and without the possibility of probation or parole. Less than
a year later, Bradley filed the instant motion for
post-conviction relief. The circuit court dismissed it
without an evidentiary hearing, and after reviewing the
record, we affirm.
The circuit court may summarily dismiss a PCR motion without
an evidentiary hearing "[i]f it plainly appears from the
face of the motion, any annexed exhibits and the prior
proceedings in the case that the movant is not entitled to
any relief." Miss. Code Ann. § 99-39-11(2) (Rev.
2015). To succeed on appeal, the petitioner must: (1) make a
substantial showing of the denial of a state or federal right
and (2) show that the claim is procedurally alive. Young
v. State, 731 So.2d 1120, 1122 (¶9) (Miss. 1999).
Our review of the summary dismissal of a PCR motion, a
question of law, is de novo. Id.
Voluntariness of Plea
In his first issue, Bradley contends that his guilty plea was
involuntary. He alleges that he only agreed to plead guilty
because the prosecutor threatened him with a life sentence if
he went to trial. He also claims that defense counsel
"coached" him into testifying at the hearing that
his plea was voluntary.
These contentions are supported only by Bradley's claims
in his PCR motion and his brief on appeal, and they are
directly contradicted by his sworn petition to enter a guilty
plea and by his testimony at the hearing. The record reflects
that Bradley repeatedly admitted under oath that he had not