Martin v. State
| Docket Number: | 2010-CP-01286-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-26-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) Judge(s) Concurring: Griffis, P.J., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ. Concurs in Result Only: Irving, P.J., and Roberts, J., concur in result only without separate written opinion Procedural History: PCR Nature of the Case: PCR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Melvin Martin |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. | ||
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 - Section 99-39-5(2) |
| Summary of the Facts: | In 2000, Melvin Martin pled guilty to one count of armed robbery and two counts of aggravated assault. On the armed robbery count, Martin was sentenced to thirty years with ten suspended and twenty years. On the aggravated-assault counts, Martin was sentenced to twenty years on each count. In 2010, Martin filed his motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | According to section 99-39-5(2), a motion for post-conviction relief following a guilty plea shall be made within three years after entry of the judgment of conviction. Martin did not file his motion for relief within the statutory time period; thus, his motion for relief is time-barred. Although there are exceptions to the three-year statute of limitations, Martin is not arguing that his parole has been unlawfully revoked or that his sentence was illegal, only that he was given erroneous advice. Although Martin’s claim is time-barred, the record is clear that he was informed of his sentence at the time of his guilty plea. |
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