Perez v. State
Docket Number: | 2010-CP-00906-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 05-24-2011 Opinion Author: Roberts, J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Post-conviction relief - Time bar - Habitual offender status - Section 99-19-81 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: PCR Nature of the Case: PCR |
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Trial Court: |
Date of Trial Judgment: 04-27-2010 Appealed from: Harrison County Circuit Court Judge: John C. Gargiulo Disposition: Motion for Post-Conviction Relief Denied Case Number: A2401-2009-00399 |
Party Name: | Attorney Name: | |||
Appellant: | Juan Perez |
PRO SE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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. |
Topic: | Post-conviction relief - Time bar - Habitual offender status - Section 99-19-81 |
Summary of the Facts: | Juan Perez entered a guilty plea to possession of a controlled substance with intent. He was sentenced as a habitual offender to fifteen years. Perez filed a motion for post-conviction relief which the court denied. He appeals. |
Summary of Opinion Analysis: | It is clear from the record that Perez entered his guilty plea on March 10, 2003; he did not file his PCR motion until November 2009. He was unquestionably outside of the three-year limitations period when he filed his PCR motion. However, Perez argues that, pursuant to section 99-39-5(2)(a)(i), he is excepted from the time bar because there has been an intervening decision by the United States Supreme Court or the Mississippi Supreme Court which supports his argument that the State failed to provide sufficient evidence to show that he was a habitual offender. The circuit judge thoroughly questioned Perez about his two prior felony convictions in Florida. Perez responded to the circuit judge’s questions about each prior conviction in the affirmative. Perez’s in-court admissions of his prior criminal convictions in Florida are sufficient prove his status as a habitual offender pursuant to section 99-19-81. Thus, Perez’s PCR claim was properly denied as time-barred. |
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