OF JUDGMENT: 05/24/2016
COUNTY CIRCUIT COURT HON. JOSEPH H. LOPER JR.
ATTORNEY FOR APPELLANT: RAHEEM BERRY (PRO SE).
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE.
IRVING, P.J., CARLTON AND GREENLEE, JJ.
Raheem Berry appeals the Grenada County Circuit Court's
denial of his motion for postconviction relief (PCR). On
appeal, Berry argues (1) the circuit court abused its
discretion by denying his PCR motion without holding a
hearing; and (2) his trial attorney failed to inform him of
his right to appeal his sentence and his right to an attorney
on appeal. Finding no error, we affirm the circuit
court's denial of Berry's PCR motion.
On January 27, 2014, Berry pled guilty to second-degree
murder. See Miss. Code Ann. § 97-3-19(1)(b)
(Rev. 2014). Following a plea colloquy, the circuit court
accepted Berry's guilty plea and sentenced him to twenty
years in the custody of the Mississippi Department of
Corrections. Berry raised no direct appeal of his conviction
and sentence. However, on December 21, 2015, Berry filed a
motion to vacate his conviction and sentence, which the
circuit court treated as a PCR motion under Mississippi Code
Annotated section 99-39-5 (Rev. 2015). On May 24, 2016, the
circuit court entered both an opinion discussing the merits
of Berry's PCR claims and an order summarily denying his
PCR motion. Aggrieved, Berry appeals.
"When reviewing a circuit court's denial or
dismissal of a PCR motion, we will reverse the judgment of
the circuit court only if its factual findings are
'clearly erroneous'; however, we review the circuit
court's legal conclusions under a de novo standard of
review." Boyd v. State, 65 So.3d 358, 360
(¶10) (Miss. Ct. App. 2011).
Berry alleges "the circuit court abuse[d] its discretion
[by] denying [his PCR] claim without a hearing[.]"
Without providing any supporting affidavits, Berry argued in
his PCR motion that his guilty plea was not voluntarily,
knowingly, and intelligently entered because (1) he "was
misled to believe he did not have a right to a direct appeal
of his sentence"; (2) the circuit court failed to
inquire whether he acted in ...