Dickerson v. State
| Docket Number: | 2010-CP-01451-COA Linked Case(s): 2010-CP-01451-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-22-2011 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Illegal sentence Judge(s) Concurring: Griffis, P.J., Barnes, Ishee, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Concur in Part, Dissent in Part 1: Irving, P.J., and Roberts, J., concur in part and in the result without separate written opinion. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-11-2010 Appealed from: Grenada County Circuit Court Judge: Joseph H. Loper Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2006-0075CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Richard K. Dickerson |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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 - Successive writ - Illegal sentence |
| Summary of the Facts: | Richard Dickerson pled guilty to one count of aggravated assault and one count of armed robbery. He was sentenced on each count to nineteen years and 350 days in the custody of the Mississippi Department of Corrections, and upon his completion of 350 days, the remaining nineteen years were ordered to be served under post-release supervision. Upon his release, Dickerson violated the terms of the post-release supervision by testing positive for cocaine, failing to report to the MDOC as directed, failing to pay monthly supervision fees, and failing to pay court costs. Dickerson was ordered to serve the remaining nineteen years of his sentence. Dickerson filed a motion for post-conviction relief which was denied. The Court of Appeals affirmed the decision. Dickerson then filed a second PCR motion, which the trial court denied. Dickerson appeals. |
| Summary of Opinion Analysis: | Dickerson argues that his sentence is illegal because a convicted felon cannot receive a suspended sentence. Dickerson’s appeal is barred as a successive writ. In addition, Dickerson was not given a suspended sentence. He was placed on post-release supervision. |
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