OF JUDGMENT: 07/20/2018
FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT, SECOND
JUDICIAL DISTRICT TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS
ATTORNEY FOR APPELLANT: WENDELL HAYES (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BARBARA WAKELAND BYRD
J. WILSON, P.J., TINDELL AND LAWRENCE, JJ.
Wendell Hayes appeals the dismissal of his motion for
post-conviction relief (PCR) by the Harrison County Circuit
Court, Second Judicial District. Because we find that
Hayes's motion is both time-barred and successive-writ
barred and that no exception applies, we affirm the circuit
On December 10, 2012, Hayes pled guilty to one count of child
exploitation. On January 7, 2013, the circuit court sentenced
Hayes to a mandatory term of twenty-five years in the custody
of the Mississippi Department of Corrections (MDOC). On July
15, 2014, Hayes filed his first PCR motion, which asserted
that his sentence was (1) cruel and unusual, (2)
disproportionate compared to similar offenders, and (3)
illegal because it exceeded his life expectancy. The circuit
court denied Hayes's PCR motion, and this Court affirmed.
Hayes v. State, 203 So.3d 1144, 1147 (¶8)
(Miss. Ct. App. 2016).
On February 23, 2017, Hayes filed the PCR motion that led to
this appeal. Hayes asserted that his guilty plea was
involuntary and that his trial attorney rendered ineffective
assistance. The circuit court dismissed Hayes's PCR
motion as successive. Aggrieved, Hayes appeals.
"We review the dismissal or denial of a PCR motion for
abuse of discretion. We will only reverse if the trial
court's decision is clearly erroneous. When reviewing
questions of law, our standard is de novo." Ware v.
State, 258 So.3d 315, 317-18 (¶7) (Miss. Ct. App.