Garrett Birmingham v. State of Mississippi

¶ 11. I concur with the summary dismissal of Birmingham’s PCR motion, albeit not for the same reason stated by the circuit court and the majority. Instead, for the same reasons as I expressed in my *600specially concurring opinion in Brown v. State, 90 So.3d 645, 650-52 (¶¶ 19-24) (Miss.Ct.App.2012), I would find that Birmingham had standing to bring his PCR motion. In 2009, the Legislature amended Mississippi Code Annotated section 99-39-5(1), which previously read: “Any prisoner in custody under sentence of a court' of record....” The amendment removed the phrase “prisoner in custody under” and…