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Green v. State

Court of Appeals of Mississippi

February 19, 2019

JESS LEE GREEN A/K/A JESS GREEN A/K/A JESS L. GREEN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/25/2017

          JACKSON COUNTY CIRCUIT COURT HON. DALE HARKEY, JUDGE

          ATTORNEY FOR APPELLANT: JESS LEE GREEN (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL

         EN BANC.

          BARNES, C.J.

         ¶1. Jess Green, appearing pro se, appeals the judgment of the Circuit Court of Jackson County, which dismissed with prejudice his motion for post-conviction relief (PCR). Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In January 2008, a Jackson County grand jury charged Green in two multi-count indictments related to crimes against two different victims-Helen Brown and Mary Smith.[1] In cause number 2007-11, 197(3), Green was charged with two counts of kidnapping, two counts of sexual battery, and one count of armed robbery for his abduction of Brown and her infant daughter from the Walmart parking lot in Ocean Springs, Mississippi, on June 30, 2007. Green forced himself into Brown's vehicle and told her to drive to a secluded area where he displayed a handgun and forced her to have oral and vaginal sex. Brown's child was in the back seat. Green then took Brown's cell phone to prevent her from calling anyone.

         ¶3. For a similar incident two days later, Green was charged in cause number 2007-11, 198(1) with one count of kidnapping, one count of armed robbery, and one count of attempted sexual battery for his abduction of Smith from the same Walmart parking lot. At the plea hearing, the prosecutor relayed the factual basis for these charges:

[I]t's alleged that the defendant, Jess Lee Green, on July 2, 2007, at Walmart in Jackson County, Mississippi, kidnapped [Smith] by holding her against her will, made her get into her car and drive to a secluded area. He on that day also armed robbed her, had a handgun, put her in fear of immediate injury and took money and a cell phone from her and there was an attempted sexual battery on that day. She was able to escape from the car and left the scene.

         ¶4. On August 4, 2008, Green pleaded guilty to all of the charges against both victims in both indictments. Green was sentenced to thirty years in the custody of the Mississippi Department of Corrections for each offense with the sentences to run concurrently.

         ¶5. In July 2015, Green filed a PCR motion challenging all of the convictions in both indictments. The trial court ultimately denied all of the claims of Green's PCR motion, finding they were time-barred and lacked merit, and dismissed his motion with prejudice. Green appealed.

         ¶6. In October 2016, while his appeal was pending in this Court and approximately three months after the trial court denied and dismissed his first PCR motion, Green filed the instant PCR motion. Unlike his first PCR motion, this motion challenged only the convictions related to Smith in cause number 2007-11, 198(1). He argued that there was no factual basis to accept his guilty plea for the charges, and the trial court erred in failing to conduct a competency hearing after the judge remarked at the sentencing hearing that Green must have "some kind of mental problem" to commit such "outrageous" crimes.

         ¶7. On September 19, 2017, this Court affirmed the trial court's denial of his first PCR motion in Green v. State (Green I), 242 So.3d 176 (Miss. Ct. App. 2018). This Court agreed with the trial court that the ...


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