Robinson v. State
| Docket Number: | 2007-CP-00296-COA Linked Case(s): 2007-CP-00296-COA ; 2007-CT-00296-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-01-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Earned time Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-04-2007 Appealed from: MARION COUNTY CIRCUIT COURT Judge: R. I. Prichard, III Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2007-0010P |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ANTHONY JAVON ROBINSON |
ANTHONY JAVON ROBINSON (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. |
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| Topic: | Post-conviction relief - Time bar - Earned time |
| Summary of the Facts: | Anthony Robinson pled guilty to armed robbery was sentenced to twenty-five years, with fifteen years to be served without the possibility of parole, probation, or early work release and the remaining ten years to be served under post-release supervision. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Robinson’s motion for post-conviction relief was not filed until well beyond the requisite three-year time period. Accordingly, the circuit court correctly found that Robinson’s motion for post-conviction relief was time-barred. Robinson argues that he should be allowed to accumulate earned time after he has served ten years of his sentence. Since Robinson is not eligible for parole, he is precluded from accumulating earned time pursuant to section 47-5-139(1)(e). As it is clear that Robinson is not entitled to accumulate earned time, his sentence was not illegal so as to except his case from the time bar. |
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