Ross v. State
| Docket Number: | 2010-CP-01651-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-27-2012 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5 - Illegal sentence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 09-01-2010 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2002-0105-CVI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Willie Joe Ross |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA H. TEDDER |
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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 - Section 99-39-5 - Illegal sentence |
| Summary of the Facts: | Willie Ross entered a guilty plea to one count of burglary of a dwelling (count one) and to one count of grand larceny (count two). The trial court sentenced Ross to ten years for the crime of burglary (count one) and to a concurrent term of five years for the crime of grand larceny (count two). In addition, the trial court recommended that Ross participate in the Regimented Discipline Program and retained jurisdiction of the case until re-sentencing pending Ross’s successful completion of the program. Ross completed RID, and the trial court entered an order which suspended the execution of the previously imposed sentences and placed Ross on probation for a period of five years. Subsequently, Ross’s probation was revoked because he violated the probation terms. The trial court ordered Ross to return to the custody of the MDOC to serve five years for his burglary conviction in count one and five years for his grand larceny conviction in count two. Ross filed a “Petition to Vacate Illegal Sentence,” which the trial court treated as a PCR motion and denied. |
| Summary of Opinion Analysis: | The trial court found that Ross filed his PCR motion outside of the three-year statute of limitations as provided for in section 99-39-5. Ross pled guilty on September 5, 2000. Ross filed his “Petition to Vacate Illegal Sentence,” which the trial court properly treated as a PCR motion, on August 12, 2010, well past the three-year statute of limitations. Ross, however, argues that the filing of his PCR motion is excepted from the time bar because a fundamental constitutional right is at stake. Specifically, Ross asserts that his convictions and sentences are illegal because the trial court lacked jurisdiction to accept his guilty plea without an indictment from the grand jury on the charge of grand larceny. The mere assertion of a constitutional right violation is not sufficient to overcome the time bar. There is no merit to Ross’s claims that he received an illegal sentence. The trial court’s sentencing orders show that Ross’s guilty pleas were accepted by the trial court after the court had satisfied itself by interrogation of the defendant that his pleas of guilty were freely and voluntarily given and that he understood the consequences of his pleas. The trial court further noted that Ross fully understood the nature of the charges against him and admitted the commission of the offenses. Thus, the trial court did not err in denying Ross’s PCR motion as time-barred. |
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