Edwards v. State


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Docket Number: 2001-CP-01915-COA
Court of Appeals: Opinion Link
Opinion Date: 03-11-2003
Opinion Author: Chandler, J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Illegal sentence - Section 47-7-33
Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee and Myers, JJ.
Non Participating Judge(s): Griffis, J.
Concurs in Result Only: Southwick, P.J. and Irving, J.
Procedural History: PCR
Nature of the Case: PCR
Trial Court: Date of Trial Judgment: 11-27-2001
Appealed from: Humphreys County Circuit Court
Judge: Jannie M. Lewis
Disposition: PETITION FOR PCR DENIED AS TIME BARRED.
District Attorney: James H. Powell, III
Case Number: 4550
  Party Name: Attorney Name:  
Appellant: Marvin Edwards




 PRO SE



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  
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Topic: Post-conviction relief - Illegal sentence - Section 47-7-33
Summary of the Facts: In 1991, Marvin Edwards pled guilty to robbery and was sentenced to fifteen years. He filed a petition for post-conviction relief in 2001. The court denied the motion as time barred, and Edwards appeals.
Summary of Opinion Analysis: Edwards argues that the partially suspended sentence was illegal, violated his fundamental right of freedom from an illegal sentence, and could not be used to enhance his 1996 sentence. The time bar does not preclude review of a motion seeking relief from an illegal sentence. Section 47-7-33 prevents a trial court from wholly or partially suspending the sentence of a defendant convicted of a felony on a previous occasion. Edwards received a sentence that was more lenient than the sentence to which he was actually entitled and only challenged the sentence when the underlying conviction was used to enhance his sentence for a subsequent crime. Therefore, the illegal sentence did not violate Edwards' fundamental right.


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