Bowie v. State
Docket Number: | 2007-CP-00898-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 03-04-2008 Opinion Author: CARLTON, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Time bar - Expiration of sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 03-05-2007 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: A2401-06-00014 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | JOHN GRIFFIN BOWIE |
JOHN GRIFFIN BOWIE (PRO SE) |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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. |
Topic: | Post-conviction relief - Time bar - Expiration of sentence |
Summary of the Facts: | Bowie pled guilty to a charge of burglary of a business. The trial court accepted his plea and sentenced him to seven years. Bowie filed his motion for post-conviction relief which the trial court dismissed as being time-barred. He filed a subsequent motion for post-conviction relief which the court dismissed as a successive writ. Bowie appeals. |
Summary of Opinion Analysis: | Bowie’s first post-conviction relief motion was dismissed because it was filed in 2005, more than seventeen years after he made his guilty plea in 1988. The post-conviction relief statute requires any motion for relief to be filed within three years after a guilty plea has been entered. In addition, Bowie’s sentence has expired. Bowie admits in his brief that he completed his sentence for business burglary from 1988 and that he is currently incarcerated on another charge. Because he completed his sentence and is currently incarcerated for a separate conviction, Bowie lacks standing to seek post-conviction relief. |
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