McCoy v. State
| Docket Number: | 2006-CP-00089-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: Myers, P.J. Holding: DISMISSED WITHOUT PREJUDICE |
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| Additional Case Information: |
Topic: Post-conviction relief - Separate convictions Judge(s) Concurring: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-01-2005 Appealed from: Lincoln County Circuit Court Judge: Mike Smith Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2005-244-LS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bruce Calvin McCoy |
BRUCE CALVIN MCCOY (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Separate convictions |
| Summary of the Facts: | Bruce McCoy pled guilty to two counts of burglary of a dwelling, one count of burglary of a building, four counts of grand larceny, and two counts of petit larceny. McCoy filed a motion for post-conviction relief which was denied. McCoy appeals. |
| Summary of Opinion Analysis: | Where a petitioner seeks post-conviction relief on multiple judgments against him, he must file one post-conviction motion for each of the challenged judgments. While all of the judgments against McCoy were entered on the same date, the judgments were separate convictions carrying separate sentences. Thus, McCoy is unable to collaterally attack all of the judgments against him in one petition for post-conviction relief. His motion for post-conviction relief is dismissed without prejudice. |
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