Jones v. State
| Docket Number: | 2007-CP-01051-COA Linked Case(s): 2007-CA-01051-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2008 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-7 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-15-2007 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: PETITION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CV07-055(G)L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RODNEY LORON JONES |
RODNEY LORON JONES (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER |
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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 - Section 99-39-7 |
| Summary of the Facts: | Rodney Jones was convicted of armed robbery and sentenced as a habitual offender to thirty-five years. Nine years later, Jones filed a “motion to set aside sentence” and claimed he was unlawfully sentenced as a habitual offender based on the alleged illegality of one of his prior underlying convictions. The court treated the motion as a petition for post-conviction collateral relief and found that Jones’ claim was time-barred. Jones appeals. |
| Summary of Opinion Analysis: | Jones’ direct appeal was decided on May 18, 1999. Jones filed his “motion to set aside sentence” on April 19, 2007. It follows that Jones’s collateral attack was time barred. In addition, Jones did not comply with section 99-39-7. The record contains no indication that Jones presented his motion to the Mississippi Supreme Court or an order from the supreme court that would have allowed Jones to file his motion in the circuit court. |
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