Hughes v. State
| Docket Number: | 2007-CP-00665-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-05-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Evidence of motion Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-19-2006 Appealed from: SIMPSON COUNTY CIRCUIT COURT Judge: Robert G. Evans Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2004-27K |
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| Party Name: | Attorney Name: | |||
| Appellant: | QUENTON HUGHES A/K/A QUENTON BARCEL HUGHES A/K/A QWENTON B. HUGHES |
QUENTON HUGHES (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 - Evidence of motion |
| Summary of the Facts: | Quenton Hughes pled guilty to second degree arson and was sentenced as a habitual offender to ten years. Hughes filed several motions in the trial court aimed at “discovery.” The motions included a motion for discovery, a motion for transcript and records, a motion for discovery, and a motion to compel. The court denied Hughes’ “Motion to Correct Sentence” and his “Motion for Post-Conviction Collateral Relief.” Hughes appeals. |
| Summary of Opinion Analysis: | A motion for post-conviction relief does not appear in the record. Issues must be proven by the record. While Hughes made several efforts to supplement the record with various information, none of those efforts attempted to introduce the motion for post-conviction relief. Without any evidence of that motion, the matter is not properly before the Court. Even taking all of the facts provided by Hughes as true, the trial court should not have granted the motion for post-conviction relief. |
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