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Shelton v. State

Court of Appeals of Mississippi

April 30, 2019

GREGORY T. SHELTON A/K/A GREGORY SHELTON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/03/2018

          HINDS 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

          BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ.

          GREENLEE, J.

          ¶1. Gregory Shelton appeals the Hinds County Circuit Court's denial of post-conviction collateral relief (PCR). Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         ¶3. 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.

         ¶4. 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.

         ¶5. 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 filed.

         ¶6. In October 2014, Shelton allegedly wrote a letter to the circuit court explaining that he was unable to obtain his medical records.[1] 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 ...


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