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Spiers v. State

Court of Appeals of Mississippi

October 16, 2018

CHAD EDWARD SPIERS A/K/A CHAD E. SPIERS A/K/A CHAD SPIERS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/12/2017

          HARRISON COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. ROGER T. CLARK, Judge

          ATTORNEY FOR APPELLANT: CHAD EDWARD SPIERS (PRO SE)

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

          BEFORE GRIFFIS, P.J., CARLTON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         ¶1. Chad Edward Spiers, appearing pro se, appeals the Harrison County Circuit Court's denial of his motion for postconviction relief (PCR). After review of the record, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In August 2015, Spiers pleaded guilty to credit-card fraud under Mississippi Code Annotated section 97-19-21 (Rev. 2014) and burglary under Mississippi Code Annotated section 99-19-81 (Rev. 2015). He was sentenced to three years for credit-card fraud as a habitual offender and seven years, with three years suspended, for the burglary conviction. The sentences were to run consecutively followed by three years of postrelease supervision. The sentencing order also stated that Spiers was to successfully complete a long-term drug and alcohol therapeutic program while in the custody of the Mississippi Department of Corrections (MDOC).

         ¶3. Spiers alleged that because he was in protective custody, he was not given the opportunity to participate in the long-term drug and alcohol therapeutic program. It appears that Spiers filed a grievance with the Administrative Remedy Program, pursuant to Mississippi Code Annotated sections 47-5-801 through 47-5-807 (Rev. 2015), stating that he wanted to be removed from protective custody and returned to general population. In September 2016, the MDOC responded to Spiers's grievance and informed him that they would review his placement back in the drug and alcohol program.

         ¶4. In May 2017, Spiers filed a PCR motion asking the circuit court to amend or otherwise change his sentence to eliminate required completion of the long-term drug and alcohol program. The circuit court denied the motion in October 2017. Spiers timely appeals.

         STANDARD OF REVIEW

         ¶5. "We review the dismissal or denial of a PCR motion for abuse of discretion." Hughesv. State, 106 So.3d 836, 838 (¶4) (Miss. Ct. App. 2012). "We will only reverse if the trial court's decision is clearly erroneous." Id. "When reviewing questions of law, our standard is de novo." Id. "This court will affirm the summary dismissal of a PCR motion if the movant fails to demonstrate a claim procedurally alive substantially ...


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