Hudson v. State
| Docket Number: | 2003-CP-01683-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-05-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Bifurcated hearing Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Ishee, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-24-2003 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Alexander C. Martin Case Number: 2003-0335 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Johnnie Lee Hudson |
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 - Illegal sentence - Bifurcated hearing |
| Summary of the Facts: | Johnnie Hudson pled guilty to burglary of an inhabited dwelling and was sentenced as an habitual offender to fifteen years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Hudson argues that the judge erred in denying his petition for post-conviction relief because he is serving an illegal sentence. Hudson pled guilty and was sentenced in 1995, but did not file his PCR motion until 2003. Therefore, his petition is time-barred. Hudson argues that his sentence is illegal because he was sentenced as an habitual offender without receiving the bifurcated hearing required by Rule 11.03 of the Uniform Circuit and County Court Rules. However, a petitioner’s status as an habitual offender can be established at the entry of a guilty plea, making it unnecessary to have a separate bifurcated hearing. |
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