Perez v. State


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Docket Number: 2010-CP-00906-COA

Court of Appeals: Opinion Link
Opinion Date: 05-24-2011
Opinion Author: Roberts, J.
Holding: Affirmed.

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

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



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS  

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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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