Golmon v. State
| Docket Number: | 2002-CP-00455-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-06-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., 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: 03-05-2002 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: PETITIONER'S MOTION FOR POSTCONVICTION RELIEF IS DISMISSED WITH PREJUDICE BEING BARRED BY THE STATUTE OF LIMITATIONS. District Attorney: Cono A. Caranna, II Case Number: 2401-01-00562 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Roy Scruggs Golmon |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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) |
| Summary of the Facts: | Roy Golmon pled guilty to the crime of driving under the influence. He was sentenced to five years with the execution of the sentence suspended, and Golmon was placed on four years' probationary status. His probation was later revoked when he was arrested again for driving under the influence with a suspended license, and he was charged with felony DUI. His probation was revoked and his prior sentence of five years was reinstated. Golmon filed a post-conviction relief petition which was denied. He appeals. |
| Summary of Opinion Analysis: | Section 99-39-5(2) requires a post-conviction relief motion to be made within three years after entry of the judgment of conviction unless there has been an intervening U.S. or Mississippi Supreme Court decision which would adversely affect the conviction, the prisoner has new evidence which would have been conclusive if offered at trial, a prisoner claims his sentence has expired, or a prisoner's probation, parole, or conditional release has been revoked. The last date on which Golmon could file a post-conviction petition was May 18, 2001. He filed the petition on December 26, 2001. Therefore, his petition is barred by the statute of limitations. |
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