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Owens v. State

Court of Appeals of Mississippi

January 22, 2019

CHARLES DOUGLAS OWENS II A/K/A CHARLES DOUGLAS OWENS A/K/A CHARLES OWENS A/K/A CHARLES D. OWENS II APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/06/2017

          HARRISON COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. LISA P. DODSON TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: CHARLES DOUGLAS OWENS II (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE

         EN BANC.

          GREENLEE, J.

         ¶1. The Harrison County Circuit Court denied Charles Douglas Owens's motions for post- conviction relief (PCR). Owens appeals, asserting that his motions are not time or successive-writ barred. We affirm the circuit's order and find the PCR motions were properly denied. Additionally, we render sanctions in the amount of $100 for the repetitive and frivolous filings of motions, to be paid before Owens may file any subsequent PCR motions in forma pauperis under section 47-5-76(1) of Mississippi Code Annotated (Rev. 2015).

         FACTS AND PROCEDURAL HISTORY

         ¶2. Owens discussed his wages with his employer, Raleigh Richard Carter. The conversation became heated, and Owens hit Carter on the head with a hammer, shot Carter in the chest, then taped his hands and stole $1, 400 from him. Carter, still living, managed to find help. Owens fled to Texas.

         ¶3. The grand jury indicted Owens on charges of armed robbery and aggravated assault. He pled guilty in March 2003, and the Harrison County Circuit Court sentenced him to thirty years for armed robbery and ten years for aggravated assault in the custody of the Mississippi Department of Corrections (MDOC), with his sentences running consecutively.

         ¶4. Owens then began filing PCR motions. Three have been denied by this Court. Owens v. State, 996 So.2d 85 (Miss. Ct. App. 2008); Owens v. State, 17 So.3d 628 (Miss. Ct. App. 2009); Owens v. State, 150 So.3d 114 (Miss. Ct. App. 2014). His current appeal is from the denial by the Harrison County Circuit Court of two separate PCR motions. They are his sixth and seventh PCR motions.

         ¶5. He argues that his motions are not time or successive-writ barred. We affirm the circuit court's denial of Owens's requests for PCR and sanction him for his repetitive filings.

         STANDARD OF REVIEW

         ¶6. This Court reverses denials of requests for PCR only when we find the decision "clearly erroneous." Duncan v. State, 226 So.3d 127, 129 (¶7) (Miss. Ct. App. 2017), cert. dismissed, 246 So.3d 68 (Miss. 2018). But when issues of law are raised, this Court reviews those issues de novo. Stokes v. State, 199 So.3d 745, 748 (¶7) (Miss. Ct. App. 2016), reh'g denied (Sept. 13, 2016). Our Code states that "[i]f it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief, the judge may make an order for its dismissal and cause the petitioner to be notified." Miss. Code Ann. ยง 99-39-11(2) (Rev. 2015). We will affirm the denial or dismissal of a PCR motion "if the ...


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