Shelton v. State
| Docket Number: | 2006-CP-02128-COA Linked Case(s): 2006-CP-02128-COA ; 2006-CT-02128-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-06-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Out-of-time appeal - M.R.A.P. 4(h) - Time bar Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 10-24-2005 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2005-251-R |
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| Consolidated: CONSOLIDATED WITH NO. 2006-CP-02134-COA; STEVEN SHELTON, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE | ||
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | STEVEN SHELTON |
STEVEN SHELTON (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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 - Out-of-time appeal - M.R.A.P. 4(h) - Time bar |
| Summary of the Facts: | Steven Shelton entered guilty pleas to two separate counts of sale of a controlled substance and was sentenced to two concurrent terms of thirty years, eighteen suspended, twelve to serve and five years post-release supervision. Shelton filed a motion for post-conviction relief which was returned to Shelton unfiled by the circuit clerk as incomplete. Shelton returned the corrected motion with a pauper’s affidavit to the court, and the motion was denied without an evidentiary hearing, as being time-barred. Shelton filed a motion for out-of-time appeal which the court dismissed as premature since the thirty day time period for filing a notice of appeal had not then expired. Almost a year later, Shelton filed motions for out-of-time appeals which were denied as not timely filed. Shelton appeals. |
| Summary of Opinion Analysis: | Shelton argues that the circuit court erred in denying the out-of-time appeal. Shelton clearly had timely notice of the disposition of his post-conviction relief motions. As he recognizes now, he filed a “mistitled motion.” Not only was the motion mistitled, the motion failed to mention a timely appeal and it is impossible to fault the circuit court for failing to comprehend that Shelton was seeking something that his motion never asked for. At the time that Shelton’s motion was denied he still had sufficient time to file a notice of appeal. It was not until a year later that Shelton again sought relief from the trial court. Under M.R.A.P. 4(h), the trial court was not in error in finding that the motion was untimely. In addition, Shelton’s filing was time barred. |
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