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Hayes v. State

Court of Appeals of Mississippi

September 10, 2019

WENDELL HAYES A/K/A WENDELL WAYNE HAYES APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 07/20/2018

          COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS JR.

          ATTORNEY FOR APPELLANT: WENDELL HAYES (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD

          BEFORE J. WILSON, P.J., TINDELL AND LAWRENCE, JJ.

          TINDELL, J.

         ¶1. 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 court's judgment.

         FACTS

         ¶2. 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).

         ¶3. 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.

         STANDARD OF REVIEW

         ¶4. "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. 2018).

         DISCUSSION

         I.Jurisdic ...


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