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Haley v. State

Court of Appeals of Mississippi

October 30, 2018

ANTWONE MARQUIS HALEY APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/22/2017

          COPIAH COUNTY CIRCUIT COURT HON. LAMAR PICKARD TRIAL JUDGE

          ATTORNEY FOR APPELLANT: ANTWONE MARQUIS HALEY (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS

          BEFORE LEE, C.J., GREENLEE AND TINDELL, JJ.

          LEE, C.J.

         FACTS AND PROCEDURAL HISTORY

         ¶1. On February 20, 2016, Michael Derriel Wilson shot Ontario Rhymes with a handgun and robbed him of $2, 660. Antwone Haley admitted to assisting Wilson as an accessory before the fact, along with Sharon Demetria Wilson. The three were indicted by a Copiah County grand jury for the crimes of armed robbery, aggravated assault, and conspiracy to commit armed robbery. On July 25, 2016, Haley pleaded guilty to the aggravated-assault charge, and the circuit court sentenced him to serve six years in the custody of the Mississippi Department of Corrections. The armed-robbery and conspiracy-to-commit- armed-robbery charges were dismissed from the indictment.

         ¶2. Haley filed a motion for postconviction relief (PCR) on December 13, 2017, alleging that his plea was involuntary and that he received ineffective assistance of counsel. On December 22, 2017, the circuit court entered an order denying Haley's motion as lacking merit. Haley now appeals.

         STANDARD OF REVIEW

         ¶3. "When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review." Bass v. State, 237 So.3d 172, 173 (¶4) (Miss. Ct. App. 2017).

         DISCUSSION

         I. Voluntariness of Guilty Plea

         ¶4. In his pro se appellate brief, Haley argues that his guilty plea was involuntary, alleging that he was "coerced" and claiming he was told by detectives and his attorney that he would receive a three-year sentence if he pleaded guilty. In the order denying Haley's PCR motion, the circuit judge, being the same as the sentencing judge, found that Haley was "fully apprised of the nature of the charges against him and all the facts and circumstances surrounding said charges" and "did knowingly, voluntarily and ...


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