Johnson v. State
Docket Number: | 2009-CP-00875-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 03-16-2010 Opinion Author: Maxwell, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Time bar Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Carlton, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal |
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Trial Court: |
Date of Trial Judgment: 05-19-2009 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: PETITION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2009-0100CF |
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Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | ALEX DURODE JOHNSON, III |
PRO SE |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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 - Successive writ - Time bar |
Summary of the Facts: | Alex Johnson pled guilty to possession of an unquantified amount of cocaine. He was sentenced to twelve years, with eight years to serve and four years suspended. He filed a petition for post-conviction which was denied. The denial was affirmed on appeal. Johnson later filed a “Petition to Clarify Sentence” which the court denied as a successive petition. Johnson appeals. |
Summary of Opinion Analysis: | Although Johnson’s current petition is styled as a “Petition to Clarify Sentence,” it addresses alleged defects in his indictment. It also takes issue with the legality of his sentence. Johnson’s claims attacking the indictment and sentence are considered grounds for relief under the Mississippi Uniform Post-Conviction Collateral Relief Act. Therefore, the circuit court properly dismissed Johnson’s PCR petition as a successive writ. Johnson’s petition is also time-barred since it was filed after the three-year statute of limitations had run. |
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