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Wright v. State

Court of Appeals of Mississippi

November 6, 2018

JACOB WRIGHT A/K/A JACOB BRIAN WRIGHT A/K/A JACOB WRIGHT JR. APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/26/2017

          JACKSON COUNTY CIRCUIT COURT TRIAL JUDGE HON. KATHY KING JACKSON

          ATTORNEY FOR APPELLANT: JACOB WRIGHT (PRO SE)

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

          BEFORE IRVING, P.J., GREENLEE AND TINDELL, JJ.

          GREENLEE, JUDGE

         ¶1. This is an appeal from the Jackson County Circuit Court's denial of Jacob Wright's motion for post-conviction relief (PCR) as meritless. Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Wright pleaded guilty to statutory rape and sexual battery. The Jackson County Circuit Court sentenced him to fourteen years to serve in the custody of the Mississippi Department of Corrections on each charge, with the sentences running concurrently, followed by sixteen years of post-release supervision. The court also fined Wright $1, 000.

         ¶3. He moved for post-conviction relief. The court denied his motion, and Wright appeals. He contends that: (1) he received ineffective assistance of counsel; (2) his plea was involuntary; and (3) his constitutional right to a speedy trial was violated. We affirm the circuit court's judgment.

         DISCUSSION

         ¶4. "A circuit court's denial of a PCR motion is reviewed for abuse of discretion and will not be disturbed unless the circuit court's decision was clearly erroneous." Campbell v. State, 233 So.3d 904, 905 (¶3) (Miss. Ct. App. 2017) (citing Crosby v. State, 16 So.3d 74, 77 (¶5) (Miss. Ct. App. 2009)).

         I. Did Wright receive ineffective assistance of counsel?

         ¶5. Wright contends that his attorney was constitutionally deficient for advising him that if he did not accept the State's ...


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