ROMELLO WILSON A/K/A ROMELLO CURTIS WILSON A/K/A ROMELLO C. WILSON APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 07/20/2018
MADISON COUNTY CIRCUIT COURT HON. JOHN HUEY EMFINGER TRIAL
ATTORNEY FOR APPELLANT: ROMELLO WILSON (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
DARRELL CLAYTON BAUGHN
BARNES, C.J., TINDELL AND LAWRENCE, JJ.
On May 15, 2018, Romello Wilson filed an unsuccessful motion
for post-conviction collateral relief (PCR), arguing that his
plea was involuntary, he was wrongfully denied parole
eligibility, and he received ineffective assistance of
counsel. Wilson now appeals the circuit court's denial of
his PCR motion. Finding no error, we affirm.
AND PROCEDURAL HISTORY
On August 4, 2016, a Madison County grand jury indicted
Wilson for armed robbery and kidnapping stemming from an
incident that occurred on or about April 5, 2016. Wilson pled
guilty to both crimes on November 16, 2016, and on December
8, 2016, the circuit court sentenced him to fifteen years for
armed robbery and fifteen years for kidnapping to be served
in the Mississippi Department of Correction's custody.
Wilson's two sentences were set to run consecutively,
giving him a total of thirty years to serve. Pursuant to
Mississippi Code Annotated section 47-7-3(1)(g)(i) (Rev.
2015), Wilson was ineligible for parole.
On May 15, 2018, Wilson filed a PCR motion with the circuit
court, claiming that he had not been made aware of his
ineligibility for parole at the time of his plea and that he
was wrongfully denied parole. Wilson further argued that he
received ineffective assistance of counsel. On July 20, 2018,
the circuit court denied Wilson's PCR motion, finding his
arguments to be without merit. Aggrieved, Wilson appeals.
This Court reviews the dismissal or denial of a PCR motion
for abuse of discretion, and we will only disturb the circuit
court's findings if they are clearly erroneous. West
v. State, 226 So.3d 1238, 1239 (¶3) (Miss. Ct. App.
2017). The circuit court's legal conclusions, however,
are reviewed de novo. Id. Furthermore, for PCR
motions, the movant has the burden to prove by a
preponderance of the evidence that he is entitled to relief.
Shavers v. State, 215 So.3d 502, 505 (¶7)
(Miss. Ct. App. 2016).
Because the crux of Wilson's first two arguments involve
parole eligibility, we address the substance of this
Wilson's Parole Eligibility
Wilson argues that the circuit court wrongfully denied him
the "right" to parole. Wilson states that he is
eligible for parole upon serving fifty percent of his
sentence under ...