Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

West v. State

Court of Appeals of Mississippi

August 29, 2017

MARQUE D. WEST A/K/A MARQUE DAISHON WEST APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/08/2016

         CLAIBORNE 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

          BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         STANDARD OF REVIEW

         ¶3. "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)).

         ¶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. 2015).

         DISCUSSION

         I.Whether West was entitled to be informed at sentencing of hisineligibili ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.