Desemar v. State


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Docket Number: 2011-CP-01257-COA
Court of Appeals: Opinion Link
Opinion Date: 10-16-2012
Opinion Author: Roberts, J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Time bar - Illegal sentence - Section 97-5-23(1)
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ.
Procedural History: PCR
Nature of the Case: PCR
Trial Court: Date of Trial Judgment: 07-30-2011
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: A2401-2011-0122
  Party Name: Attorney Name:  
Appellant: Julian R. Desemar, Jr. a/k/a Julian Remy Desemar, Jr.




 PRO SE



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR.  
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Topic: Post-conviction relief - Time bar - Illegal sentence - Section 97-5-23(1)
Summary of the Facts: Julian Desemar Jr. pled guilty to one count of touching a child for lustful purposes. He was sentenced to fifteen years, with ten years suspended and five years to serve, followed by five years of post-release supervision. He filed a motion for post-conviction relief which was dismissed. He appeals.
Summary of Opinion Analysis: Desemar argues that his sentence is illegal because it exceeds the fifteen-year maximum sentence for touching a child for lustful purposes. Desemar motion was untimely. In addition, Desemar’s sentence is clearly not excessive. A five year sentence followed by five years of post-release supervision is less than the fifteen-year maximum sentence for touching a child for lustful purposes as provided in section 97-5-23(1).


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