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Robinson v. State

Court of Appeals of Mississippi

June 26, 2018

CALVIN LEE ROBINSON A/K/A CALVIN L. ROBINSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/11/2017

          LEFLORE COUNTY CIRCUIT COURT HON. W. ASHLEY HINES, Judge

          ATTORNEY FOR APPELLANT: CALVIN LEE ROBINSON (PRO SE)

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

          BEFORE LEE, C.J., CARLTON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         FOR THE COURT:

         ¶1. Calvin Lee Robinson, appearing pro se, appeals the Leflore County Circuit Court's denial of his motion for post-conviction relief (PCR).[1] Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In 2002, Robinson was indicted for statutory rape. In 2003, he pleaded guilty and was sentenced to thirty years in the custody of the Mississippi Department of Corrections (MDOC), with ten years suspended upon successful completion of five years of supervised probation.

         ¶3. In July 2004, Robinson filed his first PCR motion, which the circuit court denied. In that PCR motion, Robinson asserted that his plea was involuntary, his trial counsel was deficient, and his sentence was disproportionate. Robinson did not appeal the denial of the 2004 PCR motion.

         ¶4. In September 2007, Robinson filed his second PCR motion, which the circuit court denied as successive. Robinson appealed the denial of this motion. In 2009, this Court affirmed the circuit court's judgment in Robinson v. State, 19 So.3d 140, 141 (¶21) (Miss. Ct. App. 2009).

         ¶5. In 2016, Robinson filed his third PCR motion alleging that he was denied effective assistance of counsel. He asserted that his trial counsel assured him that he would receive a sentence between eight and six years if he entered a guilty plea. Robinson attached the affidavits of his sister, Minnie Scott, his wife, Debra Robinson, and his niece, Sharon Murry, in support of his assertion. In January 2017, the circuit court deemed Robinson's PCR motion was time-barred, successive, and without merit.

         ¶6. In June 2017, Robinson timely filed a motion to proceed on appeal to this ...


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