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Wright v. State

Court of Appeals of Mississippi

November 13, 2018

SENQUE WRIGHT A/K/A SENQUE SANTANZE WRIGHT APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 11/03/2017

          PEARL 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

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

          WESTBROOKS, J.

         ¶1. 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.

         FACTS

         ¶2. 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.

         ¶3. 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[1] the terms of the order and sentenced him to serve eight years in the custody of MDOC.

         ¶4. 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.

         STANDARD OF REVIEW

         ¶5. "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).

         DISCUSSION

         ¶6. On appeal, Wright raises five issues surrounding his ...


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