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Weathersby v. State

Court of Appeals of Mississippi

April 10, 2018

ANTONIO WEATHERSBY A/K/A ANTONIO R. WEATHERSBY A/K/A ANTONIO RAY WEATHERSBY APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/06/2017

          MARION COUNTY CIRCUIT COURT HON. PRENTISS GREENE HARRELL TRIAL JUDGE

          ATTORNEY FOR APPELLANT: ANTONIO WEATHERSBY (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE

          BEFORE LEE, C.J., BARNES AND TINDELL, JJ.

          LEE, C.J.

         ¶1. In this appeal, we must determine whether the trial court properly denied Antonio Weathersby's motion for postconviction relief (PCR). Finding no error, we affirm.

         PROCEDURAL HISTORY

         ¶2. In October 2015, Weathersby pleaded guilty to one count of possession of a firearm by a convicted felon. Weathersby was sentenced to seven years with three years to serve in the custody of the Mississippi Department of Corrections and four years of postrelease supervision.

         ¶3. In addition to the conviction for possession of a firearm by a convicted felon, Weathersby was convicted of two misdemeanor crimes-driving with a suspended license and first-offense DUI-in the local justice court. All three convictions stemmed from a traffic stop conducted by local authorities in 2013.

         ¶4. Weathersby appealed his misdemeanor convictions to the Marion County Circuit Court. Weathersby also filed a motion to suppress, alleging the traffic stop was illegal. On the day of the bench trial, the trial court heard arguments and testimony regarding the motion to suppress. Finding probable cause existed for the traffic stop, the trial court denied the motion and ultimately convicted Weathersby of the two misdemeanor crimes. Weathersby did not appeal these two convictions.

         ¶5. Weathersby filed a timely PCR motion relating to his possession-of-a-firearm-by-a- convicted-felon conviction.[1] Finding no merit, the trial court denied Weathersby's PCR motion. Weathersby now appeals, asserting the following issues: (1) the traffic stop that led to his arrest was illegal; (2) the trial judge should not have recused himself after hearing testimony; and (3) he was entitled to a hearing on his motion to suppress.

         STANDARD OF REVIEW

         ¶6. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of ...


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