Houston v. State
| Docket Number: | 2002-CP-00365-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Evidentiary hearing Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-04-2002 Appealed from: Coahoma County Circuit Court Judge: Larry O. Lewis Disposition: MOTION FOR RECONSIDERATION OF SENTENCE DENIED. District Attorney: Laurence Y. Mellen Case Number: 9098 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dave Houston, Jr. and Paul D. Houston, a/k/a Donnell |
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 - Evidentiary hearing |
| Summary of the Facts: | Brothers Dave and Paul Houston pled guilty to charges of armed robbery and kidnaping. Dave was sentenced to sixteen years, with eleven years to serve and five years suspended, and Paul was sentenced to fifteen years with ten years to serve and five suspended. The Houstons filed a joint motion for reconsideration of sentence which was denied. They appeal. |
| Summary of Opinion Analysis: | The Houstons's motion for reconsideration of sentence falls under the post-conviction relief procedures and is therefore barred by the three-year statute of limitations. In addition, the Houstons were not entitled to an evidentiary hearing since their issue did not involve questions of fact, but mere interpretation of their sentencing order. |
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