Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brown v. State

Court of Appeals of Mississippi

February 13, 2018

NICHOLAS D. BROWN A/K/A NICHOLAS BROWN A/K/A NICOLAS BROWN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/31/2016

         COURT FROM WHICH APPEALED: SIMPSON COUNTY CIRCUIT COURT HON. EDDIE H. BOWEN TRIAL JUDGE

          ATTORNEY FOR APPELLANT: NICHOLAS D. BROWN (PRO SE).

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER.

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

          WESTBROOKS, J.

         ¶1. Nicholas D. Brown, appearing pro se, appeals the Simpson County Circuit Court's denial of his motion for postconviction relief (PCR). Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In March 2014, Brown pleaded guilty to Count I, possession of 12.1 milliliters of a Schedule II controlled substance, codeine, and Count II, possession of 1.2 grams of a Schedule II controlled substance, cocaine. At his plea hearing, Brown requested to enter a drug-court program. The trial court withheld acceptance of Brown's guilty plea and placed Brown on nonadjudicated probation. The court also accepted Brown's request to enter a drug-court program.

         ¶3. In 2015, Brown was found to have violated the terms and conditions of the drug-court program.[1] The trial court found that Brown's nonadjudicated status should be revoked and accepted his guilty plea. Brown was sentenced to twenty-four years in the custody of the Mississippi Department of Corrections (MDOC).[2]

         ¶4. In October 2015, Brown filed a PCR motion in the circuit court in cause number 2013-90. In August 2016, Brown filed another PCR motion in the circuit court in cause number 2015-291, alleging that his counsel was ineffective, his plea was involuntary, and his search warrant was invalid. In November 2016, Brown filed two more PCR motions in cause number 2015-291, again alleging ineffective assistance of counsel and that his plea was involuntary.[3] The record reflects that at one time, Brown had a total of four PCR motions before the circuit court.

         ¶5. In November 2016, the Simpson County Circuit Court denied Brown's PCR motions in cause number 2015-291. Brown timely appeals.

         STANDARD OF REVIEW

         ¶6. "We review a circuit court's denial of a PCR motion under a clearly-erroneous standard of review." Vanwey v. State, 147 So.3d 367, 369 (¶8) (Miss. Ct. App. 2014) (citation omitted). "[H]owever, we review the [circuit] court's legal conclusions under a de novo standard of review." Jackson v. State, 178 So.3d 807, 809 (¶8) (Miss. Ct. App. 2014) (citation omitted).

         DISCUSSION

         I. Voluntariness of Plea and Assistance of Counsel

         ¶7. Brown asserts that his guilty plea was involuntary because he received ineffective assistance of counsel. He maintains that his lawyer failed to properly assist with his defense. Brown asserts that he would not have pleaded guilty if he would have received effective assistance from his attorney. "The burden of proving that a guilty plea was involuntary is on the defendant and must be proven by a preponderance of the evidence." Walton v. State, 16 So.3d 66, 70 (¶8) (Miss. Ct. App. 2009) (citation omitted). "A guilty plea is deemed 'voluntary and intelligent' only where the defendant is advised concerning the nature of the charge against him and the consequences of the plea." Id.

         ¶8. The record clearly indicates that Brown was informed of the nature of the charges against him and the consequences of his plea. The following is ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.