Gaston v. State
| Docket Number: | 2005-CP-00107-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-28-2006 Opinion Author: Chandler, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive petition Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 12-08-2004 Appealed from: Lee County Circuit Court Judge: Sharion R. Aycock Disposition: THE MOTION FOR POST-CONVICTION RELIEF WAS DISMISSED. District Attorney: JOHN R. YOUNG Case Number: CV04-140(A)L |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Elliott Gaston |
ELLIOTT GASTON (PRO SE) |
||
| 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. |
|
| Topic: | Post-conviction relief - Time bar - Successive petition |
| Summary of the Facts: | Elliot Gaston pled guilty to attempted strong-arm robbery in 1999. He was sentenced to fifteen years with five years of post-release supervision, with credit for time served and with the remainder of the sentence suspended. When Gaston violated the terms of his post-release supervision, he was sentenced to fifteen years in prison, with ten years suspended, and given three years of post-release supervision, with the remainder of the sentence to be served. Gaston moved for post-conviction relief from this conviction on December 12, 2000. That PCR was dismissed by the trial court and affirmed by the Court of Appeals. In August 2004, Gaston filed a second, successive PCR, raising essentially the same issues from his first PCR. The court found that the PCR was time barred and not within any exception to the statutory limitations period. Gaston appeals. |
| Summary of Opinion Analysis: | Gaston pled guilty in 1999, and the petition under consideration was filed in August 2004. Therefore, Gaston filed his PCR after the expiration of the applicable limitations period. In addition, this PCR is the second filed by Gaston concerning his attempted strong-arm robbery conviction which is barred as a successive petition. Gaston raises as a new matter a challenge to his indictment in which he argues that his indictment did not charge him with an overt act toward the commission of the offense, an essential element of an attempt crime. Notwithstanding the procedural bars, Gaston's indictment properly charged him with an overt act. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
