Alexander v. State
| Docket Number: | 2002-CP-01992-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-27-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Illegal sentence Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-15-2002 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED District Attorney: James H. Powell, III Case Number: 2002-CI84 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Alexander |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Time bar - Illegal sentence |
| Summary of the Facts: | Charles Alexander entered his guilty plea to seven counts of forgery. The court sentenced him to serve ten years with the sentence suspended if Alexander successfully completed a drug treatment program. Alexander filed a motion for post-conviction collateral relief which the court dismissed as being time barred. Alexander appeals. |
| Summary of Opinion Analysis: | Issue 1: Time bar Alexander argues that the court erred by dismissing his motion as time barred. Alexander had three years in which to file his motion for post conviction relief following his guilty plea to forgery. Alexander pled guilty to seven counts of forgery on November 4, 1998. Therefore, he had to file his motion by November 4, 2001. Because Alexander waited until October 15, 2002, to file his motion, the court properly dismissed it as time barred. Issue 2: Illegal sentence Alexander argues that his ten-year suspended sentence is illegal, because the trial court did not have the authority to order him to serve a suspended sentence since he had a prior conviction in Warren County. Alexander benefitted from the leniency of the trial court’s ordering him to serve a ten-year suspended sentence. At the time of Alexander’s crime, the maximum penalty for forgery was fifteen years. Because Alexander was not subjected to an undue burden or prejudice but to a significantly lesser sentence, the error by the trial court was harmless. |
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