Caviness v. State
| Docket Number: | 2010-CP-00758-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-30-2011 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, 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: 04-13-2010 Appealed from: Harrison County Circuit Court Judge: Lawrence P. Bourgeois, Jr. Case Number: B2401-97-729 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Carl James Caviness |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF 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 |
| Summary of the Facts: | Carl Caviness pled guilty to one count of armed robbery and to three counts of simple robbery. The circuit court sentenced Caviness to ten years on the three simple-robbery counts and to ten years on the armed-robbery count, with its sentence to run consecutively to the three simple-robbery counts. The circuit court suspended thirteen of the total twenty years Caviness was ordered to serve, and Caviness was ordered to serve three years of post-release supervision. After serving seven years of his sentence, Caviness was released on the three years of PRS. Shortly after his release, Caviness violated the terms of his PRS. The circuit court entered an order revoking the thirteen-year suspended portion of Caviness’s sentence. Caviness filed a motion requesting the circuit court to correct an illegal sentence. The circuit court treated Caviness’s motion as a PCR motion and denied the motion without an evidentiary hearing. Caviness appealed, and the Court of Appeals affirmed the circuit court’s judgment. Caviness filed another PCR motion which the circuit court denied. Caviness appeals. |
| Summary of Opinion Analysis: | In his earlier appeal, the Court already ruled on Caviness’s claim that his sentence is ambiguous. Thus, the issue may not be reconsidered here. As to Caviness’s other claims, each claim is time-barred. |
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