CHARLES DOUGLAS OWENS II A/K/A CHARLES DOUGLAS OWENS A/K/A CHARLES OWENS A/K/A CHARLES D. OWENS II APPELLANT
STATE OF MISSISSIPPI APPELLEE
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
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).
AND PROCEDURAL HISTORY
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.
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.
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.
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
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. § 99-39-11(2) (Rev. 2015). We will
affirm the denial or dismissal of a PCR motion "if the