Cochran v. State


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Docket Number: 2006-CP-01364-COA
Linked Case(s): 2006-CP-01364-COA

Court of Appeals: Opinion Link
Opinion Date: 07-24-2007
Opinion Author: GRIFFIS, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Time bar - Illegal sentence - Defective indictment
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Concurs in Result Only: IRVING, J.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 04-26-2006
Appealed from: Greene County Circuit Court
Judge: Dale Harkey
Disposition: POST-CONVICTION RELIEF DISMISSED.
Case Number: 2006-08-101 (3)

  Party Name: Attorney Name:  
Appellant: JAMES M. COCHRAN A/K/A JAMES MONROE COCHRAN, SR.




JAMES M. COCHRAN (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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Topic: Post-conviction relief - Time bar - Illegal sentence - Defective indictment

Summary of the Facts: James Cochran pled guilty to incest and to possession of a firearm by a felon. Cochran filed a motion for post-conviction relief, which was dismissed as untimely. He appeals.

Summary of Opinion Analysis: Issue 1: Time bar The time bar includes the petitioner's post-conviction relief claims based on involuntariness of guilty pleas and ineffective assistance of counsel. Since Cochran makes no arguments that the statutory or constitutional claims exceptions apply to his voluntariness or ineffective counsel claims, these claims are time barred. Issue 2: Illegal sentence Cochran argues that his ten year, day-for-day, sentence and $10,000 fine exceeded the statutory maximum for the crime of incest. Cochran pled guilty to a sex crime. Under section 47-7-3(1)(b), he is not eligible for parole. He is not eligible for earned time allowance under section 47-5-139(1)(d). Given this, there is no error in the sentence. Also, the trial court did have authority to impose a fine pursuant to section 99-19-32(1). Issue 3: Defective indictment Cochran argues that his rape indictment was fatally defective because it was not filed by the circuit clerk, it did not include the victim’s age, and the alleged date of offense was not specific enough. Although the clerk failed to stamp the indictment “filed,” the evidence is clear that the indictment was returned by the grand jury and not manufactured by the State. The error is therefore procedural only and does not overcome the time bar. The victim’s age is not an essential element of this crime. Cochran’s complaint about the date goes neither to an essential element nor subject matter jurisdiction in this case. Thus, this issue is time-barred.


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