Watson v. State


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Docket Number: 2002-CP-00488-COA

Court of Appeals: Opinion Link
Opinion Date: 04-01-2003
Opinion Author: Southwick, P.J.
Holding: Dismissed

Additional Case Information: Topic: Fondling a child under age of 14 - Right to appeal - M.R.A.P. 4(a)
Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Guilty Plea
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 03-27-2001
Appealed from: Bolivar County Circuit Court
Judge: Al Smith
Disposition: GUILTY PLEA ENTERED AND ACCEPTED
District Attorney: Laurence Y. Mellen
Case Number: 2001-2-CR-1

  Party Name: Attorney Name:  
Appellant: Willie L. Watson




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Fondling a child under age of 14 - Right to appeal - M.R.A.P. 4(a)

Summary of the Facts: Willie Watson pled guilty to the charge of fondling a child under the age of fourteen. He was sentenced to fifteen years with ten years to serve, five years suspended and five years' probation. Watson simultaneously filed a notice of appeal of the order that accepted his guilty plea and sentenced him, and filed in the circuit court a petition to proceed in forma pauperis on appeal of denial of post-conviction relief.

Summary of Opinion Analysis: Watson did not file his notice of appeal until nearly one year after the entry of his guilty plea. Pursuant to M.R.A.P. 4(a), he was required to file his notice of appeal within thirty days of the entry of the order that he seeks to appeal. In addition, he did not exercise his right to move within 180 days of the order being appealed to have the time for appeal reopened. Therefore, his appeal is dismissed without any prejudice so he may proceed appropriately under the statutes for seeking post-conviction review of his claims.


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