Fill and Sign the Post Conviction Relief Application Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI STATE OF MISSISSIPPI, PLAINTIFF VS. CASE NO.             , DEFENDANT MOTION FOR POST CONVICTION RELIEF Comes now       , by and through his/her attorney, and files this his/her Motion to set aside his/her plea of guilty and sentence rendered thereon and in support thereof would show unto the Court the following: 1. That       was indicted in the       term of the Circuit Court of       County, Mississippi for       counts sale of sale of a controlled substance, to-wit:       , Possession of       , and Possession of       , a copy of said indictments being filed in this Court on       and attached hereto as Exhibit "       " and "       ." 2. That on       ,       plead guilty, a copy of which is attached hereto as Exhibit "       ", and       was sentenced by the Circuit Court of       County, Mississippi, on       in cause number       to       years (       ) in the custody of the Department of Corrections with       years (       ) suspended and in cause number       to       years (       ) in the custody of the Department of Corrections with       years (       ) suspended, and       years (       ) supervised probation, a copy of which is attached hereto as Exhibit "       ." 3. That on       ,       's probation was terminated, as shown by Exhibit "       ." 4. That this Motion is filed pursuant to Chapter 39 Mississippi Uniform Post Conviction Collateral Relief Act, Section 99-39-1, et seq., more specifically as follows: a) Section 99-39-5 (a) that the conviction and the sentence was imposed in violation of the laws of Mississippi. b) Section 99-39-5 (f) that his/her plea was made involuntarily. 5. That       at the time of the plea was guilty of possession of       , and not guilty of sale. 6. That       's guilty plea under the facts which exist at the time is a denial of his due process rights as guaranteed by the United States and Mississippi Constitutions, and makes his/her plea of guilty a violation of the laws of the State of Mississippi. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will enter an Order setting aside the guilty plea herein and the sentence in cause numbers       and       . Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       CERTIFICATE OF SERVICE I,       , do hereby certify that I have on this day delivered by hand a true and correct copy of the foregoing Motion to       , District Attorney,       ,       County, Mississippi. This the       day of       20       . _______________________________