Mason v. State
| Docket Number: | 2002-CP-02013-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-16-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - Defective indictment - Section 97-3-7 (2)(b) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 10-28-2002 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: DENIAL OF POST-CONVICTION RELIEF District Attorney: Cono A. Caranna, II Case Number: A 2401-2002-00571 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Delbert Matthew Mason |
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 - Section 99-39-5(2) - Defective indictment - Section 97-3-7 (2)(b) |
| Summary of the Facts: | Delbert Mason pled guilty to aggravated assault and was convicted. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Section 99-39-5(2) provides that in a case involving a guilty plea, the motion must be filed within three years after entry of the judgment of conviction. Here, Mason’s motion for post-conviction relief was filed more than six years after the entry of the judgment of conviction, and there was no evidence that any of the exceptions in section 99-39-5(2) were applicable. In addition, his claim that the indictment was defective due to its exclusion of the essential element word "serious" as a modifier to bodily harm is without merit. Mason’s indictment charged Mason with aggravated assault under section 97-3-7 (2)(b). No "serious" injury is required for a section 97-3-7 (2)(b) charge. |
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