Gardner v. State


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Docket Number: 2002-CP-00327-COA
Court of Appeals: Opinion Link
Opinion Date: 06-24-2003
Opinion Author: Thomas, J.
Additional Case Information: Topic: Post-conviction relief - Time bar - Unconstitutional sentence - Section 97-9-49 - Section 97-9-45
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Myers, Chandler and Griffis, JJ.
Concurs in Result Only: Irving, J.
Procedural History: PCR
Nature of the Case: PCR
Trial Court: Date of Trial Judgment: 05-16-2002
Appealed from: Neshoba County Circuit Court
Judge: Marcus D. Gordon
Disposition: POST-CONVICTION RELIEF DENIED
District Attorney: Ken Turner
Case Number: 01-CV-0290-NS-G
  Party Name: Attorney Name:  
Appellant: Shannon V. Gardner




 PRO SE



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  
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Topic: Post-conviction relief - Time bar - Unconstitutional sentence - Section 97-9-49 - Section 97-9-45
Summary of the Facts: Shannon Gardner pled guilty to escape and burglary and was sentenced to nine years to run consecutively to his previous sentence for burglary. He filed a petition for post-conviction relief which was denied. He appeals.
Summary of Opinion Analysis: Gardner asserts a number of issues, but all are time barred. Gardner's motion for post-conviction relief was filed well beyond the three year limitations period. He claims that he received an unconstitutional sentence, because section 97-9-49 limits the sentence a prisoner can receive to six months added to the sentence for which he is already serving. However, Gardner pled guilty under section 97-9-45, which refers to prisoners sentenced to the Mississippi Department of Corrections and allows a maximum sentence of five years.


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