Brown v. State, 256 So. 3d 643 (2018)

May 22, 2018 · Court of Appeals of Mississippi · NO. 2017–CP–00620–COA
256 So. 3d 643

Eric Laquinne BROWN a/k/a Eric L. Brown a/k/a Eric Brown, Appellant
v.
STATE of Mississippi, Appellee

NO. 2017-CP-00620-COA

Court of Appeals of Mississippi.

May 22, 2018
Rehearing Denied September 4, 2018

ATTORNEY FOR APPELLANT: ERIC LAQUINNE BROWN (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JOSEPH SCOTT HEMLEBEN

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.