Zambrellav. State
| Docket Number: | 2004-CP-00054-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: Bridges, P.J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Jurisdiction - Section 99-39-5(1) Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 12-12-2003 Appealed from: Pike County Circuit Court Judge: Mike Smith Disposition: MOTION TO SET ASIDE, VACATE, OR CORRECT SENTENCE DENIED District Attorney: Dee Bates Case Number: 03-081-B |
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| Party Name: | Attorney Name: | |||
| Appellant: | Taurus Zambrella a/k/a Taurus Hudson a/k/a Tony Harris a/k/a Kenneth Hightower |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: 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 - Time bar - Jurisdiction - Section 99-39-5(1) |
| Summary of the Facts: | Taurus Zambrella, facing charges of burglarizing a pawn shop, pled guilty. He was sentenced to three years. Four months short of thirteen years after he pled guilty, Zambrella filed a motion to set aside, vacate, or correct his sentence. The court denied the motion, and Zambrella appeals. |
| Summary of Opinion Analysis: | Zambrella’s assertions are barred by the three-year statute of limitations. His motion was filed almost ten years too late. In addition, Zambrella is not a prisoner in the custody of the State of Mississippi, as is required by section 99-39-5(1). The Mississippi Department of Corrections released Zambrella after Zambrella’s three-year sentence expired. |
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