Eric LaQuinne Brown v. State of Mississippi

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2017-CP-00620-COA

ERIC LAQUINNE BROWN A/K/A ERIC L. APPELLANT BROWN A/K/A ERIC BROWN

v. STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 04/10/2017 TRIAL JUDGE: HON. THOMAS J. GARDNER III COURT FROM WHICH APPEALED: PONTOTOC COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: ERIC LAQUINNE BROWN (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JOSEPH SCOTT HEMLEBEN NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF DISPOSITION: AFFIRMED: 05/22/2018 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE LEE, C.J., CARLTON, FAIR AND WESTBROOKS, JJ.

FAIR, J., FOR THE COURT:

¶1. In 1999, Eric Brown pled guilty to killing his girlfriend and their unborn child. This is his fifth motion for post-conviction relief. Brown contends that under Sanders v. State, 9 So. 3d 1132, 1136 (¶16) (Miss. 2009), he should not have been allowed to plead guilty without an on-the-record competency hearing. He has raised this issue before, and we found Brown’s claims time- and successive-writ barred because Sanders does not apply retroactively. Brown v. State, 198 So. 3d 325, 325 (¶1) (Miss. Ct. App. 2015). For the same reasons as before, we affirm the dismissal of this latest PCR motion. ¶2. AFFIRMED.

LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, WILSON, GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.