GREGORY T. SHELTON A/K/A GREGORY SHELTON APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 01/03/2018
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT TRIAL JUDGE:
HON. TOMIE T. GREEN
ATTORNEY FOR APPELLANT: MICHAEL LEE KNAPP
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JEFFREY A. KLINGFUSS
J. WILSON, P.J., GREENLEE AND McCARTY, JJ.
¶1. Gregory Shelton appeals the Hinds County Circuit
Court's denial of post-conviction collateral relief
(PCR). Finding no error, we affirm.
AND PROCEDURAL HISTORY
In December 2011, a grand jury for the First Judicial
District of Hinds County indicted Shelton for armed robbery
and possession of a firearm by a convicted felon. Shelton
pled guilty on February 4, 2013, and was sentenced to serve
twenty years for armed robbery and ten years for possession
of a firearm by a convicted felon in the custody of the
Mississippi Department of Corrections.
In May 2013, Shelton filed a motion for reconsideration of
sentence. According to Shelton, in December 2012 (after being
indicted but before pleading guilty), he suffered a mild
stroke. And at the time he pled guilty, he was taking
medications for the stroke and for psychological issues.
Shelton asserted that, as a result, he did not knowingly,
intelligently, or voluntarily plead guilty. At a hearing on
Shelton's motion, the court noted that the motion was
time barred and suggested that he file a PCR motion. The
court then entered an order stating:
The only information the [c]ourt has at this time is the plea
transcript in which defendant stated he was on no drugs which
would impair his ability to knowingly and voluntarily plea.
The [c]ourt finds the instant motion should be denied subject
to defendant's right to file a petition for post
conviction relief that complies with [Mississippi Code
Annotated section] 99-39-1 et al[.], which would include
attaching proof of his allegation.
Thereafter, in October 2013, Shelton filed a PCR motion.
Shelton reasserted that he did not knowingly, intelligently,
or voluntarily plead guilty and that he received ineffective
assistance of counsel. However, Shelton failed to attach any
documentation to substantiate his claims. As a result, on
October 22, 2013, the court entered an order dismissing
Shelton's PCR motion.
A few months later, in January 2014, Shelton filed a motion
for production of medical records. He then filed a motion to
reopen the time for appeal and a notice of appeal. But in
June 2014, the circuit court denied Shelton's motion for
an out-of-time appeal. And in August 2014, the supreme court
entered an order dismissing Shelton's appeal as untimely
In October 2014, Shelton allegedly wrote a letter to the
circuit court explaining that he was unable to obtain his
medical records. Subsequently, the court entered an order
requiring production of the records. And in November 2014,
the court entered an order appointing an attorney to Shelton.
In that order, the judge ...