Gibson v. State


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Docket Number: 2009-CP-01966-COA

Court of Appeals: Opinion Link
Opinion Date: 12-14-2010
Opinion Author: Ishee, J.
Holding: Affirmed.

Additional Case Information: Topic: Post-conviction relief - Successive writ
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 11-23-2009
Appealed from: Jackson County Circuit Court
Judge: Kathy King Jackson
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: 2009-00,254(2)

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Michael Gibson




PRO SE



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS  

    Synopsis provided by:

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    Topic: Post-conviction relief - Successive writ

    Summary of the Facts: Michael Gibson pled guilty to robbery and shooting into a dwelling. He was sentenced to eight years for the charge of robbery and eight years for the charge of shooting into a dwelling. The sentence included four years suspended and four years to serve, with three years of Post-Release Supervision. The trial court later revoked Gibson’s PRS due to his failure to comply with the PRS terms and conditions. In the revocation order, the trial court sentenced him to the remainder of his “original sentence.” Gibson’s attorney filed a motion to correct and clarify the revocation order, alleging Gibson could only be revoked to a maximum term of three years. The trial court denied the motion on the ground that the sentencing order did not specifically limit the amount of time which could be revoked. The trial court further clarified that Gibson was to serve the remainder of his original eight-year sentence. Gibson then filed a pro se motion which the court denied. He appeals.

    Summary of Opinion Analysis: Gibson’s most recent pro se motion for post-conviction relief reiterates arguments asserted in his prior motion to correct/clarify the revocation order. Both motions contain identical requests for post-conviction relief. Thus, his motion is barred as a successive writ.


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