Kelly v. State
| Docket Number: | 2009-CP-01653-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-26-2010 Opinion Author: Griffis, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Subject matter jurisdiction - Time bar Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-25-2009 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2009-238 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Michael Kelly |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
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 - Subject matter jurisdiction - Time bar |
| Summary of the Facts: | In 2004, Michael Kelly pled guilty to charges of motor-vehicle theft and house burglary, and he was sentenced to fifteen years with eight years suspended pursuant to five years of post-release supervision. In 2009, the suspension of Kelly’s sentence was revoked. Kelly filed a motion for post-conviction collateral relief which was denied as time barred. Kelly appeals. |
| Summary of Opinion Analysis: | Kelly argues that the circuit court lacked subject-matter jurisdiction to accept his guilty plea and impose his sentence because the sentencing order was signed by the circuit judge the day before the district attorney signed the bills of information. The record refutes Kelly’s claim that he was sentenced before the bills of information were entered. While it is true that the date above the circuit judge’s signature on the sentencing order is May 10, 2004, the docket sheet shows that Kelly, in fact, entered his petition to enter a guilty plea and was sentenced on May 11, 2004. The docket sheet also states that the following were filed on May 11: a waiver of indictment, an order allowing the State to proceed by bill of information, and the bills of information. Accordingly, his claim that the circuit court lacked subject-matter jurisdiction to sentence him is without merit. Because Kelly fails to assert a valid exception to the time bar, his claims are procedurally barred. |
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