LYNDON B. BRITAIN A/K/A LYNDON BRITAIN A/K/A LYNDON BRYAN BRITAIN A/K/A LYNDON BRYON BRITAIN A/K/A LYNDON BRIAN BRITAIN A/K/A BRIAN BRITTAN APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 11/07/2016
ATTORNEY FOR APPELLANT: LYNDON B. BRITAIN (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KATY T. GERBER
GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.
Lyndon B. Britain appeals the denial of his motion for
post-conviction collateral relief (PCCR). We find no error
and affirm. FACTS AND PROCEDURAL HISTORY ¶2. On March
26, 2012, Britain entered a plea of guilty to possession of
precursors with intent to manufacture a controlled substance,
and was sentenced to twenty years, with nineteen years and
171 days suspended, leaving 194 days to serve in the custody
of the Mississippi Department of Corrections (MDOC), followed
by five years of reporting post- release supervision, and
five years of nonreporting post-release supervision.
A petition for revocation of post-release supervision was
subsequently filed. At the revocation hearing, Britain
admitted that while on post-release supervision, he committed
the felony crimes of possession of methamphetamine,
possession of morphine, and possession of Schedule II, III,
IV, and V controlled substances. As a result, on August 24,
2012, the circuit court entered an agreed order of revocation
of post-release supervision and sentenced Britain to serve
nineteen years and 171 days in the custody of the MDOC.
On June 19, 2016, Britain filed a motion for PCCR. In his
motion, Britain argued his conviction and sentence were
invalid due to an illegal search and seizure and ineffective
assistance of counsel. On November 7, 2016, the circuit court
found Britain's claims were time-barred and denied the
motion. Britain now appeals. STANDARD OF REVIEW ¶5. We
will not disturb a circuit court's denial of a motion for
PCCR unless the factual findings are clearly erroneous.
Kennedy v. State, 179 So.3d 82, 83 (¶5) (Miss.
Ct. App. 2015). However, questions of law are reviewed de
Pursuant to Mississippi Code Annotated section 99-39-5(2)
(Rev. 2009), in the case of a guilty plea, a motion for PCCR
shall be filed "within three (3) years after entry of
the judgment of conviction." Here, Britain's
judgment of conviction was entered March 26, 2012. Thus,
Britain had until March 26, 2015, to move for PCCR. However,
Britain did not file his motion for PCCR until June 19, 2016,
over four years after his conviction. Consequently,
Britain's motion is time-barred.
Britain acknowledges his motion for PCCR is untimely, but
claims he is exempted from the procedural bar under
Rowland v. State, 42 So.3d 503 (Miss. 2010).
Pursuant to Rowland, "errors affecting
fundamental constitutional rights are excepted from the
procedural bars of the [Uniform Post-Conviction Collateral
Relief Act]." Id. at 507 (¶12). However,
"the mere suggestion of a constitutional-right violation
is not itself sufficient to surmount the time-bar."
Jones v. State, 203 So.3d 657, 659 (¶8) (Miss.
Ct. App. 2016). "There must at least appear to be some
basis for the truth of the claim before the limitation period
will be waived." Id. Thus, we address
Illegal Search and Seizure
Britain asserts that "due to the lack of probable cause
and no search warrant by a [j]udge, the search and seizure
was unreasonable[, ] resulting in illegally obtained
evidence." However, the record reflects Britain entered
a valid guilty plea. "A valid guilty plea constitutes a
waiver of certain constitutional claims, including illegal