Tran v. State
| Docket Number: | 2010-CP-00631-COA Linked Case(s): 2010-CP-00631-COA ; 2010-CT-00631-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-19-2011 Opinion Author: Barnes, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Jurisdiction Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-11-2010 Appealed from: Grenada County Circuit Court Judge: Joseph H. Loper Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2010-105-CV-L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dung Thank Tran a/k/a Julio Tran |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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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 - Time bar - Jurisdiction |
| Summary of the Facts: | Dung Thank Tran pled guilty to possession of cocaine and was sentenced to three years and to pay a $125 lab fee and forfeit $2,300 seized at the time of his arrest. Tran also pled guilty and was convicted of aggravated assault. This sentence ran concurrent to his possession-of-cocaine sentence. Tran completed these sentences and was released from custody; however, in 1999, he was convicted as a habitual offender for the transfer of cocaine. He was sentenced to life imprisonment. He appealed his 1999 conviction which was affirmed by the Court of Appeals. In 2010, Tran filed a motion for post-conviction relief, collaterally attacking his 1995 conviction for possession of cocaine. The circuit court dismissed the motion for lack of jurisdiction as Tran was no longer incarcerated for this conviction. Tran appeals. |
| Summary of Opinion Analysis: | Tran argues that the 1995 crime should have been considered a misdemeanor, not a felony. Tran’s motion is not timely as it was filed more than three years after his 1995 conviction. Furthermore, Tran’s claim is barred from consideration as he is no longer incarcerated for the 1995 conviction. |
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