Adams v. State
| Docket Number: | 2005-CP-00488-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-17-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Illegal sentence Judge(s) Concurring: King, C.J., Myers, P.J. and Ishee, J. Concur in Part, Concur in Result 1: Griffis and Barnes, JJ. Concurs in Result Only: Lee, P.J., Irving and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 12-10-2004 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: POST-CONVICTION RELIEF DENIED Case Number: 6566 |
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| Party Name: | Attorney Name: | |||
| Appellant: | LARRY ADAMS |
LARRY ADAMS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Illegal sentence |
| Summary of the Facts: | Larry Adams pled guilty to aggravated assault and armed robbery. After failing to appear at the time and place ordered by the judge, he was sentenced to twenty years on each count to run concurrently when he was finally apprehended. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | The record shows that Adams' convictions of aggravated assault and armed robbery with concurrent twenty year sentences are contained within two separate judgments of conviction, both entered on the same date. Adams' PCR could attack only one of those judgments. Adams does not indicate which of the two convictions Adams would select for collateral attack. Since Adams' armed robbery conviction was the more onerous of the two convictions, his PCR was limited to the assertion of relief against his judgment of conviction of armed robbery. Because Adams did not file his PCR until more than three years after entry of the judgment of conviction, his allegations of ineffective assistance of counsel, involuntary plea, and defective indictment are all time barred. Although Adams claims that he had discovered a new witness, he had three years with full knowledge of the favorable witness in which to move for post-conviction relief, yet he did not do so. Therefore, his PCR is not excepted from the time bar on the basis of newly discovered evidence. Adams also argues that the court lacked the authority to impose a greater sentence than what had been announced at the guilty plea hearing. When the court has not imposed a definite sentence but has exercised its option to suspend the imposition of sentence, the court can impose any sentence which might have been imposed at the time of conviction. The court did not impose a definite sentence at Adams's guilty plea hearing. By announcing that the sentence would be twelve years if Adams reported to the sheriff after thirty days but if he did not report the court could impose a different sentence, the court suspended the imposition of sentence. This the court was permitted to do pursuant to section 47-7-33. |
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