Bryant v. State


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Docket Number: 2004-CP-00127-COA

Court of Appeals: Opinion Link
Opinion Date: 08-03-2004
Opinion Author: Southwick, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Time bar
Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 12-10-2003
Appealed from: Lincoln County Circuit Court
Judge: Mike Smith
Disposition: POST-CONVICTION RELIEF DENIED
District Attorney: Dee Bates
Case Number: 2003-505-B

  Party Name: Attorney Name:  
Appellant: Bernard Bryant




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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Topic: Post-conviction relief - Time bar

Summary of the Facts: Bernard Bryant pled guilty to the sexual battery of a girl under the age of fourteen. He was given an eight year sentence, seven and one half years suspended with five years of probation. His probation has been revoked. He filed a petition for post-conviction relief which was denied. He appeals.

Summary of Opinion Analysis: Bryant was sentenced on July 12, 1999. His motion for post-conviction relief was filed on November 17, 2003. When a conviction arises from a guilty plea, a motion for post-conviction relief must be made within three years after the judgment. None of the issues he raises are exceptions to the three year deadline for bringing claims.


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