Sampson v. State
| Docket Number: | 2011-CP-01281-COA Linked Case(s): 2011-TS-01281-COA ; 2011-CP-01281-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-12-2013 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Successive writ Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ. Non Participating Judge(s): James, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-02-2011 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2003-0021-CR2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Charles L. Sampson |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY JR. | ||
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 - Illegal sentence - Successive writ |
| Summary of the Facts: | Charles Sampson pled guilty to sexual battery. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Sampson argues that his sentence was illegal because the circuit court originally sentenced him to five years at his guilty-plea hearing, but later changed the sentence to fifteen years. Sampson’s sentence is within the statutory maximum of thirty years. In addition, the record shows that the court, at the guilty-plea hearing, did not impose a sentence but stated that it was “going to take a recess on the sentence.” Sampson’s PCR motion is without merit and is both time barred and barred as a successive writ. |
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