CHAD EDWARD SPIERS A/K/A CHAD E. SPIERS A/K/A CHAD SPIERS APPELLANT
STATE OF MISSISSIPPI APPELLEE
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
GRIFFIS, P.J., CARLTON AND WESTBROOKS, JJ.
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
AND PROCEDURAL HISTORY
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).
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.
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.
"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 ...