THOMAS MATNEY A/K/A THOMAS PAUL MATNEY A/K/A TOM PAUL MATNEY APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 12/13/2016
COUNTY CIRCUIT COURT THOMAS MATNEY (PRO SE) HON. JOHN HUEY
ATTORNEY FOR APPELLANT: THOMAS MATNEY (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KATY T. GERBER
GRIFFIS, P.J., BARNES AND FAIR, JJ.
Thomas Matney appeals the "deni[al] and
dismiss[al]" of his motion for post- conviction
collateral relief (PCCR). We find no error and affirm.
AND PROCEDURAL HISTORY
Matney entered a plea of guilty to two counts of burglary of
a dwelling house. Matney was subsequently sentenced to serve
twenty-five years in Count I, and twenty-five years in Count
II, with said sentences to run consecutively, provided that
when he has served fifteen years in Count II, he shall be
released and placed on five years of post-release
supervision. Matney was ordered to pay restitution in the
amount of $200, courts costs in the amount of $421.50, and a
fine of $1, 000.
Matney filed a PCCR motion, and later filed a supplement to
his motion. The motion was subsequently "denied and
dismissed" by the circuit court. Matney now appeals and
argues he received ineffective assistance of counsel.
We review a circuit court's denial or dismissal of a PCCR
motion for abuse of discretion. Wallace v. State,
180 So.3d 767, 769 (¶7) (Miss. Ct. App. 2015). However,
questions of law are reviewed de novo. Id.
To prove ineffective assistance of counsel, Matney must show:
(1) his counsel's performance was deficient, and (2) the
deficient performance prejudiced his defense. Strickland
v. Washington, 466 U.S. 668, 687 (1984). There is
"a strong presumption that counsel's conduct falls
within the wide range of reasonable professional
assistance." Id. at 689. To overcome this
presumption, Matney "must show that there is a
reasonable probability that, but ...