JERRI COLLINS A/K/A JERRI T. COLLINS APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 04/07/2017
ATTORNEY FOR APPELLANT: JERRI COLLINS (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ALICIA M. AINSWORTH.
COUNTY CIRCUIT COURT, HON. JAMES T. KITCHENS JR. JUDGE.
GRIFFIS, P.J., FAIR AND TINDELL, JJ.
Jerri Collins appeals the circuit court's dismissal of
his motion for post-conviction collateral relief (PCCR). We
find no error and affirm.
AND PROCEDURAL HISTORY
Collins was indicted on Count 1, aggravated assault, and
Count 2, armed robbery. He subsequently pleaded guilty to
Count 1, aggravated assault, and was sentenced to twenty
years, with ten years suspended, leaving ten years to serve
in the custody of the Mississippi Department of Corrections,
followed by five years of post-release supervision. Collins
was ordered to pay a $500 fine and all court costs. As a
result of Collins's plea to Count 1, Count 2 was
"retired to the files."
Collins filed a motion for PCCR, which the circuit court
dismissed. He now appeals and argues: (1) his motion for PCCR
is not time-barred, (2) the circuit court did not have a
factual basis for the plea, (3) the indictment was
insufficient and defective, (4) his sentence is illegal, and
(5) he received ineffective assistance of counsel.
We review a circuit court's denial or dismissal of a PCCR
motion for abuse of discretion. Wallace v. State,
180 So.3d 767, 769 (¶7) (Miss. Ct. App. 2015).
"However, questions of law are reviewed de novo."
Collins first argues his motion for PCCR is not
time-barred. We agree. Pursuant to Mississippi Code
Annotated section 99-39-5(2) (Rev. 2015), in the case of a
guilty plea, a motion for PCCR shall be filed "within