MARQUE D. WEST A/K/A MARQUE DAISHON WEST APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 04/08/2016
COUNTY CIRCUIT COURT HON. LAMAR PICKARD TRIAL JUDGE
ATTORNEY FOR APPELLANT: MARQUE D. WEST (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ABBIE EASON KOONCE
GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.
Marque Daishon West pleaded guilty to second-degree murder in
the Circuit Court of Claiborne County. He was sentenced to
thirty years in the custody of the Mississippi Department of
Corrections (MDOC). West filed a motion for postconviction
relief (PCR), which the circuit court denied by order. West
appeals. Finding no error, we affirm.
AND PROCEDURAL HISTORY
West was indicted for the first-degree murder of Eric Hyder,
pursuant to Mississippi Code Annotated section 97-3-19(1)(a)
(Rev. 2014); however, West pleaded guilty to murder in the
second degree, pursuant to Mississippi Code Annotated section
97-3-19(1)(b). There is no transcript contained in the
appellate record; however, West completed a "petition to
enter a plea of guilty." West filed a PCR motion, which
was denied by order. In that order, the circuit court
determined that West's PCR motion lacked merit and did
not require an evidentiary hearing. West appeals.
"We review the dismissal or denial of a PCR motion for
abuse of discretion." Hughes v. State,
106 So.3d 836, 838 (¶4) (Miss. Ct. App. 2012). Further,
"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." Adams v. State, 201 So.3d 521, 523
(¶4) (Miss. Ct. App. 2016) (citing Hughes, 106
So.3d at 838 (¶4)).
"A trial court possesses the authority to summarily
dismiss a PCR motion without an evidentiary hearing if 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). See also Kennedy v.
State, 181 So.3d 299, 301 (¶10) (Miss. Ct. App.
I.Whether West was entitled to be informed at
sentencing of hisineligibili ...