Stone v. State
| Docket Number: | 2003-CP-00136-COA Linked Case(s): 2003-CP-00136-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2004 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Out-of-time appeal - M.R.A.P. 4 - Successive petition Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, 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: 02-20-2003 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. District Attorney: Forrest Allgood Case Number: 2002-0050-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Richard Stone |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Out-of-time appeal - M.R.A.P. 4 - Successive petition |
| Summary of the Facts: | Richard Stone pled guilty to the statutory rape of a twelve-year-old child. He was sentenced to twenty years. Stone filed a petition for post-conviction collateral relief which was denied. He filed a second petition for post-conviction collateral relief entitled "motion to withdraw guilty plea," which was also denied. He appeals. |
| Summary of Opinion Analysis: | Stone pled guilty and was sentenced on August 27, 2001. He filed a motion to withdraw guilty plea on June 21, 2002. That motion was denied in September 2002. He filed another motion requesting certain post-conviction relief on September 30, 2002, which was denied in November 2002. Stone then filed a notice of appeal which was received by the circuit clerk's office on January 13, 2003. The clerk advised Stone that the trial court would take the notice under consideration as a motion for out-of-time appeal. Stone’s motion did not meet the requirements of M.R.A.P. 4(a), (g), or (h) for the granting of an out-of-time appeal. In addition, his request for post-conviction relief is barred as a successive petition. |
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