WILLIAM ANTONIO AVERY A/K/A WILLIAM A. AVERY A/K/A WILLIAM KEN AVERY A/K/A WILLIAM A. KEN AVERY A/K/A WILLIAM AVERY A/K/A KEN AVERY APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 10/03/2018
LAUDERDALE COUNTY CIRCUIT COURT HON. LESTER F. WILLIAMSON JR.
ATTORNEY FOR APPELLANT: WILLIAM ANTONIO AVERY (PRO SE)
ATTORNEY FOR APPELLEE: ALICIA MARIE AINSWORTH
J. WILSON, P.J., WESTBROOKS AND LAWRENCE, JJ.
William Antonio Avery is serving sentences totaling
ninety-nine-plus years for felonies that he committed between
2002 and 2010. Avery has filed a number of motions for
post-conviction relief (PCR) attacking his convictions and
sentences. The circuit court has denied all of Avery's
motions, and we have affirmed when Avery has appealed.
Avery's convictions, sentences, and prior PCR motions are
discussed in Avery v. State, No. 2017-CP-00187-COA,
2019 WL 350636, at *1-*2 (¶¶2-8) (Miss. Ct. App.
Jan. 29, 2019), cert. dismissed, 276 So.3d 661
Avery's present PCR motion attacks his 2003 guilty plea
to possession of methamphetamine. As part of Avery's plea
bargain, the district attorney recommended a sentence of five
years. However, Avery acknowledged in his plea petition that
he was entering a "blind plea" and that the court
was not required to follow the district attorney's
recommendation. After accepting Avery's plea, the court
sentenced Avery to serve fifteen years in the custody of the
Department of Corrections with ten years suspended, five
years to serve, and five years of reporting probation.
In his present PCR motion, which he filed in April 2018,
Avery alleged that his attorney provided ineffective
assistance of counsel by failing to move the court to allow
him to withdraw his guilty plea after his sentence was
pronounced. The circuit court denied his motion as
time-barred, successive, and without merit. The circuit court
also observed that Avery was facing a possible sentence of
one hundred twenty years if he had not pled
guiltyand that Avery would not have served more
than five years in prison if he had not violated his
probation by committing additional crimes. Avery filed a
notice of appeal.
We affirm. Avery's present PCR motion is barred because
it was filed more than three years after he pled guilty and
because he has attacked the same conviction without success
in prior motions. Miss. Code Ann. § 99-39-5(2) (Rev.
2015) (PCR motions are subject to a three-year statute of
limitations.); Miss. Code Ann. § 99-39-23(6) (Rev. 2015)
(An order denying a PCR motion "shall be a bar to a
second or successive [PCR] motion."). In addition, in a
prior appeal this Court held that Avery's plea was
intelligent, knowing, and voluntary, and we rejected
Avery's claim that his attorney provided ineffective
assistance in connection with the plea. Avery v.
State, 102 So.3d 1178, 1181-82 (¶¶10-12)
(Miss. Ct. App. 2012), cert. denied, 102 So.3d 272
(Miss. 2012). Avery's present PCR motion simply
repackages claims that we have already rejected. Thus, the
circuit court correctly denied Avery's motion as
time-barred, successive, and without merit.
BARNES, C. J., CARLTON, P.J., GREENLEE, WESTBROOKS, TINDELL,
McDONALD, LAWRENCE, McCARTY AND C. WILSON, JJ., CONCUR.