Creppel v. State
| Docket Number: | 2011-CP-00149-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-29-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 12-16-2010 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2010-00,298(3) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Vincent N. Creppel |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Section 99-39-5(2) |
| Summary of the Facts: | In 2005, Vincent Creppel pled guilty to armed robbery and aggravated assault. He was sentenced to thirty years to be served day for day for the armed robbery and twenty years for the aggravated assault. In 2010, Creppel filed a motion in the circuit court for post-conviction relief. The circuit court denied the motion as being time-barred and without merit. Creppel appeals. |
| Summary of Opinion Analysis: | Section 99-39-5(2) allows a prisoner three years from the date his direct appeal was ruled upon, the last date he could appeal his conviction or sentence, or the date he entered his guilty plea to request post-conviction relief. After the three years has expired, only certain cases are excepted from the statutory bar. Creppel filed his PCR motion over five years after he had entered his guilty plea. There is nothing in the record that would negate application of the statute of limitations to Creppel’s PCR motion. |
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