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Ratcliff v. State

Court of Appeals of Mississippi

November 21, 2017

DOMIANO RATCLIFF A/K/A DOMIANO LATORIAN RATCLIFF APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/29/2014

         FORREST COUNTY CIRCUIT COURT HON. ROBERT B. HELFRICH TRIAL JUDGE

          ATTORNEY FOR APPELLANT: DOMIANO RATCLIFF (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KATY TAYLOR GERBER

         EN BANC.

          GREENLEE, J.

         ¶1. Domiano Ratcliff appeals the summary dismissal of his second postconviction-relief (PCR) motion. We find no error and affirm.

         FACTS

         ¶2. On April 12, 2004, Ratcliff, Channin Wilson, and Jessie Wilson entered the home of Steve and Renee Spencer in Forrest County, Mississippi, with the intent to rob them. Mark Turner, the driver, waited in a car outside. Inside the home, Channin held a gun to Steve's head and demanded money. Ratcliff held a gun to Renee's head and demanded her purse. Steve and Renee complied. Jessie went into the Spencers' teenage daughter's bedroom, grabbed her by the arm, and brought her into the room with her parents. The Spencers' two-year-old nephew was also in the house. When Jessie realized that he went to school with the daughter, he ran out of the house. Ratcliff and Channin ordered the family to the back of the house. As the family entered a back bedroom, Ratcliff and Channin shot Steve five times in the back and legs, with at least one shot being fired after Steve fell to the ground. Ratcliff and Channin then fled.

         ¶3. Ratcliff, Channin, Jessie, and Turner were each charged in the Forrest County Circuit Court with two counts of armed robbery and one count of aggravated assault. On November 5, 2004, Ratcliff entered a blind guilty plea to all three counts. He was sentenced to twenty years for the first armed-robbery count, twenty years with ten years suspended for the second armed-robbery count, and twenty years for the aggravated-assault count, for a total of fifty years to be served consecutively in the custody of the Mississippi Department of Corrections.

         ¶4. In 2006, Ratcliff filed a PCR motion, which was summarily dismissed. It does not appear that Ratcliff appealed the decision. On May 8, 2013, Ratcliff filed a second PCR motion, arguing that his sentence was disproportionate to two of his codefendants' sentences, and seeking to be resentenced accordingly. The circuit court summarily dismissed the motion as successive-writ barred and time-barred. Ratcliff now appeals.

         STANDARD OF REVIEW

         ¶5. "When reviewing a trial court's denial or dismissal of a motion for PCR, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review legal conclusions under a de novo standard of ...


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