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Bibbs v. State

Court of Appeals of Mississippi

February 13, 2018

DOUGLAS BIBBS A/K/A DOUGLAS B. BIBBS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 11/18/2015

         COURT FROM WHICH APPEALED: PEARL RIVER COUNTY CIRCUIT COURT HON. ANTHONY ALAN MOZINGO TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: DOUGLAS BIBBS (PRO SE).

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA MARIE AINSWORTH.

          BEFORE GRIFFIS, P.J., WESTBROOKS AND TINDELL, JJ.

          GRIFFIS, P.J.

         ¶1. Douglas Bibbs appeals the dismissal of his motion for post-conviction collateral relief (PCCR). We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On June 21, 2013, Bibbs pled guilty to armed robbery and was subsequently sentenced to serve twenty years in the custody of the Mississippi Department of Corrections, with five years suspended and five years of post-release supervision.

         ¶3. On October 28, 2015, Bibbs filed a PCCR motion, which was summarily dismissed by the trial court. Bibbs now appeals and argues he received ineffective assistance of counsel from his attorney.

         STANDARD OF REVIEW

         ¶4. We will not disturb a circuit court's dismissal of a PCCR motion 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

         ¶5. Bibbs asserts his counsel was ineffective for failing to adequately advise him of a lesser charge of simple robbery, for failing to investigate his mental history, and for failing to bring Bibbs's mental status to the attention of the court. To prove ineffective assistance of counsel, Bibbs 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, Bibbs "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at 694.

         ¶6. Bibbs must prove that his attorney's performance was deficient and that the deficiency was prejudicial. Hill v. State, 60 So.3d 824, 826-27 (¶5) (Miss. Ct. App. 2011) (citation omitted). He must "allege facts of ineffective assistance with 'specificity and detail.'" Berryhill v. State, 197 So.3d 938, 941 (ΒΆ10) (Miss. Ct. ...


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