Bradley v. State

          DATE OF JUDGMENT: 08/02/2016

         TATE 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

          BEFORE LEE, C.J., CARLTON AND FAIR, JJ.

          FAIR, J.

         ¶1. 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, ^[1] and 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.

         STANDARD OF REVIEW

         ¶2. 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).

         ¶3. Our review of the summary dismissal of a PCR motion, a question of law, is de novo. Id.

         DISCUSSION

         1. Voluntariness of Plea

         ¶4. 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.

         ¶5. 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 ...