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Collins v. State

Court of Appeals of Mississippi

July 24, 2018

JERRI COLLINS A/K/A JERRI T. COLLINS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/07/2017

          ATTORNEY FOR APPELLANT: JERRI COLLINS (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA M. AINSWORTH.

          CLAY COUNTY CIRCUIT COURT, HON. JAMES T. KITCHENS JR. JUDGE.

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

          GRIFFIS, P.J.

         ¶1. Jerri Collins appeals the circuit court's dismissal of his motion for post-conviction collateral relief (PCCR). We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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."

         ¶3. 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.

         STANDARD OF REVIEW

         ¶4. 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." Id.

         ANALYSIS

         I. Time-Bar

         ¶5. Collins first argues his motion for PCCR is not time-barred.[1] 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 ...


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