OF JUDGMENT: 11/03/2017
RIVER COUNTY CIRCUIT COURT HON. DINA RICHELLE LUMPKIN JUDGE
ATTORNEY FOR APPELLANT: SENQUE WRIGHT (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE
GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.
Senque Wright pleaded guilty to conspiracy to possess
precursor chemicals in 2011. After violating his
non-adjudication order, Wright was sentenced to serve eight
years in the custody of the Mississippi Department of
Corrections (MDOC). In 2016, Wright filed a motion for
post-conviction relief (PCR) and now appeals the Pearl River
County Circuit Court's denial of his motion. Finding no
error, we affirm.
On February 17, 2011, Wright and Matthew Marcel were jointly
indicted in Pearl River County on two counts: one count of
possession of precursor chemicals, with the intent to
unlawfully manufacture a controlled substance in violation of
Mississippi Code Annotated section 41-29-313 (Rev. 2010); and
one count of manufacturing a controlled substance in
violation of Mississippi Code Annotated section 41-29-139(a)
(Rev. 2010). The indictment also included a sentence
enhancement under Mississippi Code Annotated section
41-29-142(1) (Rev. 2010) for manufacturing a controlled
substance within 1, 500 feet of a church.
On June 28, 2011, at Wright's plea qualification hearing,
it was agreed by Wright, his defense attorney, the assistant
district attorney, and the acting circuit court judge that
Wright would enter a guilty plea to a reduced charge of
conspiracy to possess precursor chemicals in violation of
Mississippi Code Annotated section 97-1-1 (Rev. 2007) and, in
return, counts I and II of the indictment would be dismissed.
At that time, the circuit court entered an order of
non-adjudication. Wright was sentenced to five years of
probation and was transferred to the Indiana Department of
Corrections. In March 2016, the circuit court found that
Wright had violated the terms of the order and sentenced him
to serve eight years in the custody of MDOC.
In October 2016, Wright filed a PCR motion in the Pearl
County Circuit Court. An evidentiary hearing was held, and
after testimony was given, the circuit court found that
Wright was fully aware of the consequences of his plea and
understood the charges against him. The court therefore
denied his motion. Aggrieved, Wright appeals.
"When reviewing a trial court's denial or dismissal
of a PCR motion, we will only disturb the trial court's
decision if the trial court abused its discretion and the
decision is clearly erroneous; however, we review the trial
court's legal conclusions under a de novo standard of
review." Green v. State, 242 So.3d 176, 178
(¶5) (Miss. Ct. App. 2017).
On appeal, Wright raises five issues surrounding his