Aguirre v. State
| Docket Number: | 2008-CP-01856-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-12-2010 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Timeliness of appeal - M.R.A.P. 4(a) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ. Concur in Part, Concur in Result 1: Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-03-2008 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2007-0340-CV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | FRANK AGUIRRE |
PRO SE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT | ||
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 - Successive writ - Timeliness of appeal - M.R.A.P. 4(a) |
| Summary of the Facts: | Frank Aguirre pled guilty to attempted exploitation of a child and was sentenced to five years in prison and five years of post-release supervision. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Aguirre filed six documents that could be considered motions for post-conviction relief. After the dismissal of the first motion, on August 1, 2007, Aguirre did not appeal; nor did he appeal the circuit court’s subsequent orders. Aguirre appealed the judgment related to his last motion of October 21, 2008. That motion is barred as a successive writ. Aguirre did not appeal the dismissal of his first motion, and the thirty-day deadline for him to appeal under M.R.A.P. 4(a) has long since passed. |
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