Johnston v. State
| Docket Number: | 2011-CP-00825-COA Linked Case(s): 2011-CP-00825-COA ; 2011-CT-00825-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-17-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - Double jeopardy - Evidentiary hearing Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-26-2011 Appealed from: Lowndes County Circuit Court Judge: Lee Coleman Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2011-0036-CV1 C |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Ronald Gene Johnston a/k/a Ronald G. Garrett a/k/a Ronald G. Johnston |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
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) - Double jeopardy - Evidentiary hearing |
| Summary of the Facts: | In 1983, Ronald Johnston pled guilty to three counts of armed robbery and was sentenced to serve three consecutive thirty-year sentences. In 2011, Johnston filed a motion for post-conviction relief on all three convictions, arguing that he should have only been charged with one armed robbery, rather than three, because the robbery was all one transaction. The circuit court denied the motion, and Johnston appeals. |
| Summary of Opinion Analysis: | Section 99-39-5(2) provides that a PCR motion shall be made within three years after entry of the judgment of conviction. Because Johnston waited more than twenty-eight years to file his PCR motion, his appeal is time-barred. In addition, there is no double jeopardy violation in Johnston’s case. Johnston pled guilty to three counts of armed robbery and received three thirty-year sentences to be served consecutively. Johnston took property from three separate individuals, thus committing three separate crimes. This was indicative of an intent by Johnston to rob each person. Johnston also argues that the circuit court erred in denying his PCR motion without a hearing on the merits. Because it plainly appears from the face of the motion, exhibits, and prior proceedings that Johnston was not entitled to relief, the circuit court did not err in denying Johnston’s PCR motion without an evidentiary hearing. |
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