DOUGLAS BIBBS A/K/A DOUGLAS B. BIBBS APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 11/18/2015
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.
GRIFFIS, P.J., WESTBROOKS AND TINDELL, JJ.
Douglas Bibbs appeals the dismissal of his motion for
post-conviction collateral relief (PCCR). We find no error
AND PROCEDURAL HISTORY
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.
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
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
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.
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 (¶10) (Miss. Ct. ...