Jones v. State
| Docket Number: | 2002-CP-01451-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - Habitual offender status - Defective indictment Judge(s) Concurring: Bridges and Southwick, P.JJ., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 07-22-2002 Appealed from: Tunica County Circuit Court Judge: Larry O. Lewis Disposition: POST-CONVICTION RELIEF DENIED. Case Number: 2001-0236 |
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| Party Name: | Attorney Name: | |||
| Appellant: | John Jones |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Section 99-39-5(2) - Habitual offender status - Defective indictment |
| Summary of the Facts: | John Jones entered a plea of guilty to capital murder as an habitual offender in 1988. In 2001, Jones filed a motion for post-conviction relief. Five months later, he filed an amended motion. He appeals from the summary denial of his motion for post-conviction relief as time-barred. |
| Summary of Opinion Analysis: | Section 99-39-5(2) provides that a motion for post-conviction relief shall be made in a case of a guilty plea within three years after entry of the judgment of conviction. Therefore, the court correctly denied Jones’ petition. His argument that he was erroneously sentenced as an habitual offender is without merit. Although both incidents apparently occurred on the same day, the indictments included in the record shows that they meet the requirement of “rising out of separate incidents at different times.” He also argues that his indictment was constitutionally defective in that the habitual offender portion was on a separate page and came after the words “against the peace and dignity of the state.” Any such defect is one of form, non-jurisdictional and curable by amendment. |
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