Shields v. State
| Docket Number: | 2010-CP-01506-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-29-2011 Opinion Author: Griffis, P.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, P.J., Barnes, Ishee, 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: 08-19-2010 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED Case Number: 2003-10,660 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Desmond Shields |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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, Desmond Shields pled guilty to manslaughter and robbery. Pursuant to a plea bargain, Shields was sentenced to twenty and fifteen years, respectively, and the sentences were ordered to be served consecutively. In 2010, Shields filed in the circuit court a “Motion For a Modification of Sentence.” The circuit court treated the motion as one for post-conviction relief and dismissed it as time-barred. Shields appeals. |
| Summary of Opinion Analysis: | Shields filed his motion more than five years after the entry of his conviction; it is clearly time-barred by section 99-39-5(2). Notwithstanding the time bar, Shields’s claims are without merit. |
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