Ramona Kay Page v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2004-CP-00949-COA
RAMONA KAY PAGE A/K/A RAMONA HAWK A/K/A
RAMONA TAYLOR
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
4/29/2004
HON. STEPHEN B. SIMPSON
HARRISON COUNTY CIRCUIT COURT
RAMONA KAY PAGE (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JOHN R. HENRY
CONO CARANNA
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DENIED.
AFFIRMED: 10/18/2005
BEFORE BRIDGES, P.J., MYERS AND CHANDLER, JJ.
CHANDLER, J., FOR THE COURT:
¶1.
Ramona Page pleaded guilty to two counts of forgery and later sought post-conviction relief.
Following this Court’s decision affirming the denial of post-conviction relief, Page filed successive motions
for post-conviction relief. The circuit court judge denied Page’s requests for relief. Page appeals, raising
the following issue:
WHETHER THE CIRCUIT COURT WAS CORRECT IN DENYING POST-CONVICTION
RELIEF
¶2.
Finding no error, we affirm.
FACTS
¶3.
In 1995, Ramona Kay Page was indicted for one count of credit card fraud, six counts of uttering
a forgery, one count of possession of a controlled substance, and two counts of uttering forgery as a
habitual offender. In 1996, Page entered a guilty plea to some, but not all, of the counts of uttering a
forgery. She was ultimately sentenced to two counts of uttering a forgery as a habitual offender, and the
remainder of the indictments were passed to the files. She was sentenced to two concurrent thirteen-year
sentences as a habitual offender. Following her conviction and sentencing, Page sought post-conviction
relief which was denied, appealed and affirmed by this Court in Page v. State, 812 So. 2d 1039 (Miss.
Ct. App. 2001).
¶4.
Following this Court’s denial of post-conviction relief, Page filed two separate motions in the
Harrison County Circuit Court. The first motion was styled “Motion for Vacation of Sentence to Set Aside
and Reconsider” and was filed on May 15, 2003. The second motion was styled “Motion for Mandatory
[sic] to Be Lifted and Reviewed” and was filed on February 13, 2004. The circuit court judge considered
both of those motions together. In her complaints, Page alleged that her sentence was illegal, that her guilty
plea was involuntary, and that her attorney was ineffective. All these claims were raised and dismissed in
her first motion for post-conviction relief. For this reason, the circuit court judge dismissed Page’s motions
for post-conviction relief as successive-writ barred.
ANALYSIS
WHETHER THE CIRCUIT COURT WAS CORRECT IN DENYING POST-CONVICTION RELIEF
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¶5.
A court’s order denying post-conviction relief is a bar to a second or successive motion for post-
conviction relief. Miss. Code Ann. § 99-39-23(6) (Supp. 2004). Since this Court has already denied
post-conviction relief to Page, Page’s successive motions for post-conviction relief are time-barred.
¶6.
THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY DENYING
POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE
ASSESSED TO HARRISON COUNTY.
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, GRIFFIS, BARNES AND
ISHEE, JJ., CONCUR.
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