Moore v. State
| Docket Number: | 2006-CP-01544-COA Linked Case(s): 2006-CP-01544-COA ; 2006-CT-01544-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-31-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-24-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Paul S. Funderburk Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED. Case Number: CV06-153(PF)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | CHRISTOPHER CORNIELUS MOORE A/K/A CHRISTOPHER MOORE A/K/A CHRISTOPHER C. MOORE |
CHRISTOPHER CORNIELUS MOORE (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Illegal sentence |
| Summary of the Facts: | Christopher Moore was convicted by entering a plea of guilty for the crimes of possession of cocaine with intent and possession of cocaine. He filed a motion for post-conviction relief which was dismissed as time-barred. He appeals. |
| Summary of Opinion Analysis: | Moore was convicted of a crime under section 41-29-139(a)(1). As such, he argues that he was ineligible for the Intensive Supervision Program under section 47-5-1003. Moore pled guilty to possession of cocaine with intent and possession of cocaine. At that time, these offenses were not included in the list of offenses not eligible for the Intensive Supervision/House Arrest Program. Therefore, Moore’s sentence was not illegal. In addition, any illegality of the sentence Moore received was to his benefit. The circuit court properly dismissed Moore’s motion for post-conviction relief. |
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