Johnson v. State

Court of Appeals of Mississippi

Johnson v. State

837 So. 2d 772, 2003 Miss. App. LEXIS 13, 2003 WL 140048

CourtCourt of Appeals of Mississippi

DecidedJanuary 21, 2003

DocketNo. 2001-CP-01836-COA

StatusPublished

Cited by1 cases

This text of 837 So. 2d 772 (Johnson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. State, 837 So. 2d 772, 2003 Miss. App. LEXIS 13, 2003 WL 140048 (Mich. Ct. App. 2003).

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Opinion

BRIDGES, J.,

for the Court.

¶ 1. Eddie Lee Johnson pled guilty to possession of a firearm by a convicted felon and burglary. The Circuit Court of Coahoma County sentenced Johnson on December 1, 1997, to serve three years in the custody of the Mississippi Department of Corrections on the firearms charge, and twenty-five years on the burglary charge to run consecutively. Johnson filed a motion for post-conviction relief on October 4, 2001. The court dismissed Johnson’s motion as untimely, according to Mississippi Code Annotated Section 99-39-5 (Rev. 2000).

STATEMENT OF THE ISSUE

DID THE COURT PROPERLY DISMISS JOHNSON’S MOTION FOR POST-CONVICTION RELIEF AS UNTIMELY?

ANALYSIS

¶ 2. The order of the court sentencing Johnson was entered on December 1, 1997. Johnson’s motion for post-conviction relief was filed on October 4, 2001. Motions for post-conviction relief are required to be filed within three years of entry of judgment of conviction in the case of a guilty plea. Miss. Code Ann. § 99-39-5 (Rev. 2000). Consequently, Johnson’s motion for post-conviction relief was properly dismissed as untimely filed, and we affirm.

¶ 3. THE JUDGMENT OF THE CIRCUIT COURT OF COAHOMA COUNTY DISMISSING THE MOTION FOR POST-CONVICTION RELIEF AS UNTIMELY FILED IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO COAHOMA COUNTY.

McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING, MYERS, AND CHANDLER, JJ., CONCUR. GRIFFIS, J., NOT PARTICIPATING.

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BRIDGES, J.,

for the Court.

¶ 1. Eddie Lee Johnson pled guilty to possession of a firearm by a convicted felon and burglary. The Circuit Court of Coahoma County sentenced Johnson on December 1, 1997, to serve three years in the custody of the Mississippi Department of Corrections on the firearms charge, and twenty-five years on the burglary charge to run consecutively. Johnson filed a motion for post-conviction relief on October 4, 2001. The court dismissed Johnson’s motion as untimely, according to Mississippi Code Annotated Section 99-39-5 (Rev. 2000).

STATEMENT OF THE ISSUE

DID THE COURT PROPERLY DISMISS JOHNSON’S MOTION FOR POST-CONVICTION RELIEF AS UNTIMELY?

ANALYSIS

¶ 2. The order of the court sentencing Johnson was entered on December 1, 1997. Johnson’s motion for post-conviction relief was filed on October 4, 2001. Motions for post-conviction relief are required to be filed within three years of entry of judgment of conviction in the case of a guilty plea. Miss. Code Ann. § 99-39-5 (Rev. 2000). Consequently, Johnson’s motion for post-conviction relief was properly dismissed as untimely filed, and we affirm.

¶ 3. THE JUDGMENT OF THE CIRCUIT COURT OF COAHOMA COUNTY DISMISSING THE MOTION FOR POST-CONVICTION RELIEF AS UNTIMELY FILED IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO COAHOMA COUNTY.

McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING, MYERS, AND CHANDLER, JJ., CONCUR. GRIFFIS, J., NOT PARTICIPATING.

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837 So. 2d 772, 2003 Miss. App. LEXIS 13, 2003 WL 140048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-missctapp-2003.

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