Bester v. State
| Docket Number: | 2006-CP-01345-COA Linked Case(s): 2006-CP-01345-COA ; 2006-CT-01345-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-11-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Procedural History: PCR: Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-27-2006 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE IS DISMISSED Case Number: 2006-275-CV5 |
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| Party Name: | Attorney Name: | |||
| Appellant: | CHARLES BESTER |
CHARLES BESTER (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Time bar |
| Summary of the Facts: | Charles Bester pled guilty to the charges of rape and robbery. He was sentenced to life imprisonment on the charge of rape and seven years on the charge of robbery, to run concurrently with the life sentence. Bester filed a motion to vacate, set aside, or correct sentence, which the court dismissed. He appeals. |
| Summary of Opinion Analysis: | On August 31, 1992, the court adjudicated Bester guilty and sentenced him to life imprisonment for the charge of rape and seven years for the charge of robbery. Bester had three years from the date of his sentencing order to file a motion for PCR. However, Bester did not file his PCR motion until May 2, 2006, almost fourteen years after the date of his sentencing order and he has not pleaded that any of the statutory exceptions apply. Therefore, the trial court did not err in dismissing Bester’s motion as time-barred. |
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