Spencer v. State


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Docket Number: 2004-CP-00557-COA
Linked Case(s): 2004-CT-00557-SCT

Court of Appeals: Opinion Link
Opinion Date: 11-23-2004
Opinion Author: Myers, J.

Additional Case Information: Topic: Post-conviction relief - Successive petition - Waiver - Section 99-39-21(1) - Section 99-39-11(2)
Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ.
Concurs in Result Only: Irving, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 02-19-2004
Appealed from: Calhoun County Circuit Court
Judge: Andrew K. Howorth
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DENIED
District Attorney: Benjamin F. Creekmore
Case Number: C2003-042

  Party Name: Attorney Name:  
Appellant: Justin Lenard Spencer a/k/a Justin Spencer




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Post-conviction relief - Successive petition - Waiver - Section 99-39-21(1) - Section 99-39-11(2)

Summary of the Facts: Justin Spencer pled guilty to robbery with a deadly weapon and was sentenced to serve twenty years. He also pled guilty to accessory after the fact to grand larceny and was sentenced to five years. He filed a motion for post-conviction relief which was denied. He appeals.

Summary of Opinion Analysis: Sometime after his incarceration, Spencer wrote a letter to the trial judge asking him to reduce some of the sentence. The record does not clearly show whether the judge replied to this letter. In the letter Spencer stressed that he was not intending to move for post-conviction relief through the letter; rather, he was writing a “letter of hope” that the judge would consider suspending some of his sentence. Spencer argues that the court incorrectly concluded that the “letter of hope” sent by Spencer was in fact a motion for post-conviction relief and in barring his motion for post-conviction relief as successive. Spencer’s “letter of hope” was not a motion for post conviction relief. Yet, notwithstanding the trial court’s incorrect classification of Spencer’s motion as impermissibly successive, the other two reasons given in the court’s order denying the motion are valid. Section 99-39-21(1) provides that matters that could have been brought before the court at trial or on direct appeal are considered waived, and the court does not have to consider them when brought up for the first time in a motion for post-conviction relief. Spencer pursued no direct appeal from his conviction nor did he challenge at the plea hearing any aspects of his conviction. The order also indicates that the trial court did in fact consider the merits of Spencer’s motion. In considering motions for post-conviction relief, the trial judge is invested with the authority, pursuant to section 99-39-11(2), to deny motions as plainly meritless.


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