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Boyd v. State

Court of Appeals of Mississippi

March 13, 2018

DEAN C. BOYD A/K/A DEAN BOYD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/29/2016

         LEAKE COUNTY CIRCUIT COURT HON. VERNON R. COTTEN JUDGE.

          ATTORNEY FOR APPELLANT: DEAN C. BOYD (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

          BEFORE GRIFFIS, P.J., BARNES AND FAIR, JJ.

          BARNES, JUDGE.

         ¶1. Dean C. Boyd was charged with statutory rape of a child under the age of fourteen in violation of Mississippi Code Annotated section 97-3-65(1)(b) (Rev. 2006). On April 26, 2011, Boyd pleaded guilty to the charge and was sentenced to twenty-five years in the custody of the Mississippi Department of Corrections. On March 27, 2012, Boyd filed a motion for post-conviction relief (PCR). The Leake County Circuit Court denied the motion, finding that Boyd's guilty plea was knowing and voluntary and that he had failed to demonstrate ineffectiveness of counsel.[1]

         ¶2. A second PCR motion was filed on May 10, 2013, which was dismissed by the circuit court as a successive writ. Boyd appealed the dismissal of the motion to this Court. See Boyd v. State, 175 So.3d 59 (Miss. Ct. App. 2015). Finding Boyd had failed to provide "any new evidence, or cite[] an intervening decision, that would except his motion from the procedural bar, " we affirmed the circuit court's decision. Id. at 62 (¶¶10, 13).

         ¶3. Boyd filed a third PCR motion on April 18, 2016.[2] An amended motion was filed on December 22, 2016, which asserted: (1) there was no factual basis for his guilty plea; (2) the trial court failed to advise him of his right to confront witnesses and his right against self-incrimination; and (3) his counsel was ineffective. The circuit court dismissed Boyd's motion on December 29, 2016, finding it barred as a successive writ. See Miss. Code Ann. § 99-39-23(6) (Rev. 2015).

         ¶4. Boyd now appeals, alleging several issues. While Boyd acknowledges that his third PCR motion is a successive writ and time-barred, [3] he contends that his claims are excepted from the procedural bars. "[E]rrors affecting fundamental constitutional rights are excepted from the procedural bars of the [Uniform Post-Conviction Collateral Relief Act]." Rowland v. State, 42 So.3d 503, 507 (¶12) (Miss. 2010). "But mere assertions of constitutional-rights violations do not suffice to overcome the procedural bar." White v. State, 59 So.3d 633, 636 (¶11) (Miss. Ct. App. 2011).

         ¶5. Upon review, we find Boyd has failed to raise any claim that would overcome the procedural bars, and we affirm the circuit court's dismissal of his PCR motion.

         STANDARD OF REVIEW

         ¶6. A circuit court's dismissal of a PCR motion is reviewed for abuse of discretion. Birmingham v. State, 159 So.3d 597, 598 (¶4) (Miss. Ct. App. 2014) (citing Williams v. State,110 So.3d 840, 842 (ΒΆ11) (Miss. Ct. App. 2013)). "We will only reverse if the circuit court's decision was ...


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