TERRELL G. BASS A/K/A TERRELL GENE BASS A/K/A TERRELL BASS APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 08/17/2016
COUNTY CIRCUIT COURT HON. ANTHONY ALAN MOZINGO
ATTORNEY FOR APPELLANT: TERRELL G. BASS (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LAURA HOGAN TEDDER
Terrell Bass appeals the dismissal of his second motion for
postconviction relief (PCR). Finding no error, we affirm.
AND PROCEDURAL HISTORY
Bass was indicted for two counts of capital murder and one
count of aggravated assault after he killed his estranged
wife, Tonya Stogner, and Ronald Plummer, and shot and injured
Hershel Stogner. He took a plea deal, pleading guilty to one
count of capital murder, one count of manslaughter, and one
count of aggravated assault. In exchange for his guilty plea,
Bass avoided the possibility of the death penalty. Bass was
sentenced to life for capital murder, twenty years for
manslaughter, and twenty years, with ten years suspended and
five years' postrelease supervision for aggravated
assault. All sentences were ordered to be served in the
custody of the Mississippi Department of Corrections and
ordered to run consecutively.
Bass, in his second PCR motion, raised three issues: (1) he
received ineffective assistance of counsel, (2) his guilty
plea was involuntary, and (3) his indictment was fatally
defective. The circuit court dismissed Bass's PCR motion
as time-barred and noted that it did not meet any of the
exceptions to the bar. Bass now appeals.
"When reviewing a trial court's denial or dismissal
of a PCR motion, we will only disturb the trial court's
factual findings if they are clearly erroneous; however, we
review the trial court's legal conclusions under a de
novo standard of review." Purnell v. State, 126
So.3d 949, 951 (¶4) (Miss. Ct. App. 2013) (citation
First, we find that Bass's PCR motion is time-barred.
Under Mississippi Code Annotated section 99-39-5(2) (Rev.
2015), a claimant who pleads guilty has three years from the
judgment of conviction to file his PCR motion. Here, Bass was
convicted in 2009 and filed his second PCR motion in
2016-well beyond the three-year time-bar. As such, his PCR
motion is time-barred. Additionally, Bass's motion is
barred as a successive writ. Mississippi Code Annotated
section 99-39-23(6) (Rev. 2015) provides that when a prisoner
has already filed a PCR motion, the second or a successive
PCR motion is barred as a successive writ. We, of course,
acknowledge that "[e]rrors affecting fundamental
constitutional rights are excepted from the procedural bars
of the [Uniform Post-Conviction Collateral Relief Act]."
Williams v. State, 158 So.3d 1171, 1173 (¶4)
(Miss. Ct. App. 2014) (citation omitted). However, "mere
assertions of constitutional-rights violations do not suffice
to overcome the procedural bar." Id. Bass fails
to do more than merely assert constitutional-rights
violations, such that he does not survive the procedural
bars. Additionally, Bass argues issues identical to those set
forth in his first PCR motion, which we addressed fully in
Bass v. State, 174 So.3d 883 (Miss. Ct. App. 2015)
(Bass I). Nevertheless, we will again address the
merits of his issues.
I.Effective Assistance ...