Doss v. State


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Docket Number: 2006-CP-00204-COA

Court of Appeals: Opinion Link
Opinion Date: 05-22-2007
Opinion Author: BARNES, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Timeliness of appeal - M.R.A.P. 4(a)
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 01-13-2006
Appealed from: Clay County Circuit Court
Judge: James T. Kitchens, Jr.
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 2003-0287

  Party Name: Attorney Name:  
Appellant: CURTIS DOSS




CURTIS DOSS (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY  

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Topic: Post-conviction relief - Timeliness of appeal - M.R.A.P. 4(a)

Summary of the Facts: Curtis Doss pled guilty to robbery and was sentenced to ten years. He filed a motion for post-conviction relief which was dismissed. He filed a second motion for post-conviction relief which was also dismissed. Doss filed a “Motion for Reconsideration” which was dismissed. He appeals.

Summary of Opinion Analysis: Pursuant to M.R.A.P. 4(a), absent circumstances not applicable to this appeal, Doss had thirty days from the entry of the order in which to file his appeal. That thirty days had expired with respect to both motions for post-conviction relief well before Doss filed his notice of appeal. The only order that was entered within thirty days prior to initiation of this appeal was the order dismissing Doss’s motion for reconsideration. In that motion, Doss requested the court to reconsider his sentence. Citing the fact that Doss was sentenced during a previous term of court which has since ended, the court correctly concluded that it had lost jurisdiction as to any aspect of the sentencing of Doss. In addition, Doss fails to cite any authority in support of his argument.


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