Wallace v. State
| Docket Number: | 2003-CA-00609-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ. Concurs in Result Only: Griffis, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-18-2003 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: POST-CONVICTION RELIEF IS HEREBY DENIED District Attorney: Laurence Y. Mellen Case Number: 2002-0028 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Quintarious Wallace |
WANDA TURNER-LEE ABIOTO |
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| Appellee: | State of Mississippi | DEIRDRE MCCRORY |
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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 |
| Summary of the Facts: | Quintarious Wallace pled guilty to burglary of an automobile and grand larceny. Eight years later, Wallace filed a motion for post-conviction relief to vacate and set aside his conviction and sentence for grand larceny. The court denied the motion, and Wallace appeals. |
| Summary of Opinion Analysis: | Motions for post-conviction relief from guilty pleas must be made within three years after the entry of judgment of conviction. Wallace argues that there has been an intervening case from the Mississippi Supreme Court which has affected the outcome of his sentence. He cites Goss v. State, 721 So.2d 144 (Miss. 1998) for the proposition that a court may not wholly or partially suspend the sentence of a convicted felony. However, a defendant who benefitted from the leniency of the trial court cannot now argue that such leniency was a violation of his fundamental rights. |
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