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Britain v. State

Court of Appeals of Mississippi

October 17, 2017

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
v.
STATE OF MISSISSIPPI APPELLEE

          DATE 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

          BEFORE GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.

          GRIFFIS, P.J.

         ¶1. 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.

         ¶3. 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.

         ¶4. 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.[1] 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 novo. Id.

         ANALYSIS

         I. Time-Bar

         ¶6. 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.

         ¶7. 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 Britain's claims.

         II. Illegal Search and Seizure

         ¶8. 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 ...


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