Kemp v. State
| Docket Number: | 2003-CP-02670-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Time bar - Excessive sentence 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: 10-29-2003 Appealed from: Oktibbeha County Circuit Court Judge: Lee J. Howard Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Forrrest Allgood Case Number: 1999-0200-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Robert Kemp |
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 - Successive writ - Time bar - Excessive sentence |
| Summary of the Facts: | Robert Kemp entered a plea of guilty for uttering forgery. He was sentenced to ten years with five years of post-release supervision and ordered to pay $11,702.55 in restitution. After filing several separate petitions for post-conviction relief, all of which the trial court denied, Kemp filed a motion for leave to appeal. |
| Summary of Opinion Analysis: | Kemp’s petition is barred as a successive writ under section 99-39-23(6). His petition is additionally time barred under section 99-39-5. Kemp argues that his sentence is contrary to the dictates of section 47-7-34, because by failing to comply with the terms and conditions of post-release supervision he could be required to serve a term that exceeds the maximum allowed under the statute. Kemp’s sentence totaling fifteen years, specifically ten years to serve with five years of post-release supervision, is unquestionably in accord with section 97-21-33 as it was at the time of his sentencing, and therefore, his sentence does not conflict with section 47-7-34. |
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