Parker v. State
| Docket Number: | 2010-CP-01886-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-30-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Section 97-3-75 - Section 97-3-79 - Time bar Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-05-2010 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2010-87-CV9 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Corey Parker |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 - Illegal sentence - Section 97-3-75 - Section 97-3-79 - Time bar |
| Summary of the Facts: | Corey Parker pled guilty to armed robbery and was sentenced to twenty years. Fifteen years later, Parker filed a motion in the circuit court to vacate and set aside his sentence. The circuit court properly treated the motion as one for post-conviction relief and summarily denied it on the grounds that it was time-barred and without merit. Parker appeals. |
| Summary of Opinion Analysis: | Parker does not challenge the legality of his guilty plea of armed robbery under section 97-3-79. Instead, he requests post-conviction relief in the form of vacating or setting aside his allegedly illegal sentence. Parker ultimately asserts that the statutory language in section 97-3-79 is ambiguous. Specifically, he argues that the armed-robbery statute under which he was convicted impliedly references section 97-3-75 as the proper vehicle to determine his punishment. Section 97-3-75 governs simple robbery, and it provides that the maximum sentence for simple robbery is fifteen years. Conversely, section 97-3-79 governs armed robbery and provides that the maximum sentence for armed robbery is life. Although Parker’s assertion that he received an illegal sentence is a valid ground for requesting post-conviction relief under the statute, the statute further provides that a prisoner has three years within which to request post-conviction relief. Although Parker’s claim regarding an illegal sentence falls within the purview of PCR motions, he fails to make any allegations which would circumvent the three-year time bar. In addition, the statute governing armed robbery, section 97-3-79, is explicitly clear in its provisions for those individuals convicted under it — the maximum sentence is life. Parker admits that he committed armed robbery. He admits that his crime is addressed under section 97-3-79. He admits that he entered a valid guilty plea for armed robbery under section 97-3-79. As such, he cannot now argue that the sentencing parameters contained in section 97-3-79 are inapplicable to him. |
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