Kentrial Belk a/k/a Kentrail L. Belk a/k/a Kentrail Belk a/k/a Kentrial L. Belk a/k/a Trell a/k/a Kentrial Levex Belk v. State of Mississippi

CourtCourt of Appeals of Mississippi
DecidedJuly 27, 2021
Docket2020-CP-00465-COA
StatusPublished

This text of Kentrial Belk a/k/a Kentrail L. Belk a/k/a Kentrail Belk a/k/a Kentrial L. Belk a/k/a Trell a/k/a Kentrial Levex Belk v. State of Mississippi (Kentrial Belk a/k/a Kentrail L. Belk a/k/a Kentrail Belk a/k/a Kentrial L. Belk a/k/a Trell a/k/a Kentrial Levex Belk v. State of Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kentrial Belk a/k/a Kentrail L. Belk a/k/a Kentrail Belk a/k/a Kentrial L. Belk a/k/a Trell a/k/a Kentrial Levex Belk v. State of Mississippi, (Mich. Ct. App. 2021).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2020-CP-00465-COA

KENTRIAL BELK A/K/A KENTRAIL L. BELK APPELLANT A/K/A KENTRAIL BELK A/K/A KENTRIAL L. BELK A/K/A TRELL A/K/A KENTRIAL LEVEX BELK

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 04/14/2020 TRIAL JUDGE: HON. LEE J. HOWARD COURT FROM WHICH APPEALED: OKTIBBEHA COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: KENTRIAL BELK (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALLISON ELIZABETH HORNE NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF DISPOSITION: AFFIRMED - 07/27/2021 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE BARNES, C.J., McDONALD, McCARTY AND EMFINGER, JJ.

BARNES, C.J., FOR THE COURT:

¶1. After the Oktibbeha County Circuit Court denied his motion for post-conviction relief

(PCR) on the merits, Kentrial Belk appealed the court’s ruling. Finding the court did not err

in its findings, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On July 10, 2015, an Oktibbeha County grand jury indicted Kentrial Belk on nine

counts: Counts 1, 3, and 5 were for the sale or transfer of marijuana; Counts 2, 4, 6, 7, and

8 were for the sale or transfer of cocaine; and Count 9 was for the possession of marijuana. The indictment also noted that Belk had a previous felony conviction for possession of

cocaine, for which he had received a sentence of three years in the custody of the Mississippi

Department of Corrections (MDOC). As part of a plea agreement with the State, Belk

entered a guilty plea to one count of possession of marijuana with intent to distribute on July

31, 2017.1 The circuit court sentenced Belk to ten years in the custody of the MDOC as a

habitual offender with no eligibility for parole or early release.

¶3. Belk filed a PCR motion on December 15, 2017, alleging that “his plea was

involuntary and the product of ineffective assistance of counsel.”2 He also claimed that

Counts 1-8 of his indictment should have been dismissed on jurisdictional grounds,3 he was

never arrested, arraigned, or provided a preliminary hearing for Count 9, and his ten-year

sentence was illegal. The State confessed error with regard to the illegal-sentence issue; so

the circuit court granted Belk’s PCR motion in part, and a hearing was held on July 17, 2018.

Finding the ten-year sentence “was not within the maximum sentence authorized by law,”

the court re-sentenced Belk to serve a term of eight years in the custody of the MDOC.

¶4. Belk appealed the circuit court’s ruling on August 8, 2018. Because the court’s

sentencing order did not resolve Belk’s remaining claims in his PCR motion, we found it was

1 The remaining eight counts were retired to the files. 2 Neither Belk’s PCR motion nor the transcript of his guilty-plea proceedings are contained in the record. This information is taken from our opinion in Belk v. State, No. 2018-CP-01143-COA, 2020 WL 1441312, at **1-3 (¶¶1-13) (Miss. Ct. App. Mar. 24, 2020), and the circuit court’s order dated April 14, 2020, see infra ¶5. 3 He contends that “[v]ideo evidence demonstrated that the facts and incidents giving rise to such charges occurred in Webster County, Mississippi.”

2 “not a final judgment” and dismissed the appeal for lack of jurisdiction. Belk, 2020 WL

1441312, at *3 (¶¶17-18).

¶5. On April 14, 2020, the circuit court denied Belk’s remaining claims. Regarding the

claims of ineffective assistance of counsel, the court found in its order that Belk’s counsel

had “successfully negotiated the retirement to the file of counts 1-8, all of which contained

allegations of sales of controlled substances.” The court also determined that “[w]ith respect

to Belk’s claim that he was sentenced to serve too much time and thereby denied effective

assistance of counsel,” Belk “suffered no prejudice” because the court subsequently corrected

the alleged error “by resentencing Belk.” The court concluded Belk’s plea was “voluntarily,

knowingly and intelligently entered,” and his remaining claims—that the county had no

jurisdiction over Counts 1-8 and that he was denied a preliminary hearing—lacked merit.

¶6. Appealing the court’s ruling, Belk again asserts that his conviction should be vacated,

as “his guilty plea was involuntary and the product of ineffective assistance of counsel.” He

also reiterates his argument that Oktibbeha County indicted Belk for crimes for which it had

no jurisdiction and “used those improperly filed crimes to get Belk’s attorney to induce a plea

for an illegal sentence by manipulation.” Lastly, Belk contends that he failed to receive a

preliminary hearing or an arraignment on such charge as required by law and that the court

should have granted him an evidentiary hearing on these issues. Because the majority of

Belk’s assignments of error are intertwined with his claims of ineffective assistance of

counsel, we will address them together for the sake of brevity and clarity.

STANDARD OF REVIEW

3 ¶7. “A circuit court’s denial of post-conviction relief will not be reversed absent a finding

that the court’s decision was clearly erroneous.” Claverie v. State, 261 So. 3d 1120, 1125

(¶17) (Miss. Ct. App. 2018) (quoting Elkins v. State, 188 So. 3d 613, 615 (¶7) (Miss. Ct.

App. 2016)). The standard of review for questions of law, however, is de novo. Id.

DISCUSSION

¶8. In Worth v. State, 223 So. 3d 844, 849-50 (¶17) (Miss. Ct. App. 2017), this Court

discussed the standard for addressing a PCR movant’s allegation of ineffective assistance of

counsel:

A claim of ineffective assistance of counsel requires proof that counsel’s performance was objectively deficient and that the defendant suffered prejudice as a result. Strickland v. Washington, 466 U.S. 668, 687 . . . (1984). If either prong of Strickland is not met, the claim fails. Shinn v. State, 174 So. 3d 961, 965 (¶10) (Miss. Ct. App. 2015) (citing Havard v. State, 928 So. 2d 771, 781 (¶8) (Miss. 2006)). “A voluntary guilty plea waives claims of ineffective assistance of counsel, except insofar as the alleged ineffectiveness relates to the voluntariness of the giving of the guilty plea.” Thomas [v. State], 159 So. 3d [1212,] 1215 (¶10) [(Miss. Ct. App. 2015)] (internal quotation marks omitted). Thus, to obtain post-conviction relief, a petitioner who pled guilty must prove that his attorney’s ineffective performance proximately caused the plea—i.e., that but for counsel’s errors, the petitioner would not have entered the plea. Id.

Belk argues that his defense counsel “fail[ed] to advise [him] that the sentence he was

accepting was excessive.” As noted, the circuit court already found that his original sentence

of ten years was outside the maximum allowed by law and re-sentenced Belk to eight years

in custody as a habitual offender. Therefore, we agree with the court’s finding that Belk

“suffered no prejudice” with regard to this claim.

¶9. Belk also contends that his counsel was ineffective for not moving to have Counts 1-8

4 dismissed for lack of jurisdiction. This claim is based on his other argument that Oktibbeha

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Spry v. State
796 So. 2d 229 (Mississippi Supreme Court, 2001)
Carpenter v. State
899 So. 2d 916 (Court of Appeals of Mississippi, 2005)
Bates v. State
914 So. 2d 297 (Court of Appeals of Mississippi, 2005)
Jimmy Shinn v. State of Mississippi
174 So. 3d 961 (Court of Appeals of Mississippi, 2015)
Deriera Magee v. State of Mississippi
189 So. 3d 658 (Court of Appeals of Mississippi, 2015)
Courtney Elkins v. State of Mississippi
188 So. 3d 613 (Court of Appeals of Mississippi, 2016)
Robert Allen Worth v. State of Mississippi
223 So. 3d 844 (Court of Appeals of Mississippi, 2017)
Todd Michael Claverie v. State of Mississippi
261 So. 3d 1120 (Court of Appeals of Mississippi, 2018)
Ingram v. State
107 So. 3d 1024 (Court of Appeals of Mississippi, 2012)
Bufkin v. State
98 So. 452 (Mississippi Supreme Court, 1923)

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Kentrial Belk a/k/a Kentrail L. Belk a/k/a Kentrail Belk a/k/a Kentrial L. Belk a/k/a Trell a/k/a Kentrial Levex Belk v. State of Mississippi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kentrial-belk-aka-kentrail-l-belk-aka-kentrail-belk-aka-kentrial-l-missctapp-2021.