Stanley v. State
| Docket Number: | 2002-CP-00851-COA Linked Case(s): 2002-CP-00851-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - Credit for time served - Section 99-19-23 Judge(s) Concurring: King and Southwick, P.JJ., 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: 05-15-2002 Appealed from: Pearl River County Circuit Court Judge: R.I. Prichard, III Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. District Attorney: Claiborne McDonald Case Number: 2002-0216 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Steven Stanley |
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 - Time bar - Section 99-39-5(2) - Credit for time served - Section 99-19-23 |
| Summary of the Facts: | Steven Stanley pled guilty to armed robbery and was sentenced to fifteen years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Time bar Stanley argues that the court erred when it dismissed his motion for post-conviction relief as being untimely because the motion was not filed within three years of his guilty plea. Section 99-39-5(2) excludes a claim by a prisoner that his sentence is expired from the time bar. Stanley has asserted a claim that, if correct, would suggest that his sentence has at least potentially expired. This claim is excluded from the time bar. Issue 2: Wrongful detention Stanley argues that he is being wrongly detained because he should have been given credit for the time that he served in Alabama. A prisoner actually serving time for another conviction is not, within the meaning of section 99-19-23, being held to await trial. Therefore, the court was correct in concluding that Stanley was not entitled to credit for time served while incarcerated in Alabama as punishment for a crime committed in that state, even though there were criminal charges pending against him in this state during the entire period of his Alabama confinement. |
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