Myron Pollard v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2008-CA-00679-COA
MYRON POLLARD
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
03/12/2008
HON. ALBERT B. SMITH, III
COAHOMA COUNTY CIRCUIT COURT
CHERYL ANN WEBSTER
OFFICE OF THE ATTORNEY GENERAL
BY: DEIRDRE MCCRORY
CRIMINAL - MOTION TO VACATE
GUILTY PLEA
DISMISSED FOR LACK OF JURISDICTION
APPEAL DISMISSED – 06/30/2009
BEFORE LEE, P.J., GRIFFIS AND CARLTON, JJ.
CARLTON, J., FOR THE COURT:
¶1.
On July 13, 2007, Myron Pollard pled guilty to one count of possession of cocaine and
one count of possession of marijuana and was sentenced to fifteen years in the custody of the
Mississippi Department of Corrections (MDOC). On September 6, 2007, Pollard filed a
motion to set aside his guilty plea and demanded a new trial. The circuit court dismissed
Pollard’s motion for lack of jurisdiction. Pollard appeals.
FACTS
¶2.
A Coahoma County grand jury indicted Pollard for possession of cocaine pursuant to
Mississippi Code Annotated section 41-29-115 (Supp. 2008) and for possession of marijuana
pursuant to Mississippi Code Annotated section 41-29-139 (Rev. 2005). Pollard pled guilty
to both counts on July 13, 2007. The circuit court entered an order on August 30, 2007,
sentencing Pollard to a term of fifteen years in the custody of the MDOC. On September 6,
2007, Pollard filed a motion to vacate his guilty plea, and within that motion he also
requested a new trial. On March 12, 2008, the circuit court dismissed Pollard’s motion to
vacate his guilty plea and his request for a new trial.
¶3.
The circuit court found it was without jurisdiction to review Pollard’s motion outside
the term of court, which had ended on August 17, 2007. Pollard appeals the circuit court’s
dismissal of his motion. In turn, we dismiss Pollard’s appeal for lack of jurisdiction, finding,
as the circuit court did, that the correct vehicle for Pollard’s request is a petition for postconviction relief pursuant to the Mississippi Uniform Post-Conviction Collateral Relief Act.
Miss. Code Ann. § 99-39-1 to -29 (Rev. 2007).
STANDARD OF REVIEW
¶4.
Our standard of review on questions of jurisdiction is de novo. Latiker v. State, 991
So. 2d 1239, 1240 (¶6) (Miss. Ct. App. 2008) (citations omitted).
DISCUSSION
¶5.
Regarding the dismissal of Pollard’s motion to vacate his guilty plea and request for
a new trial, the circuit court found that it lacked jurisdiction as Pollard filed his motion on
September 6, 2007, and the circuit court’s term of court had ended on August 17, 2007. “[I]n
the absence of a statute authorizing a modification of a sentence, once a case has been
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terminated and the term of court ends, a circuit court is powerless to alter or vacate its
judgment.” Payne v. State, 966 So. 2d 1266, 1269 (¶11) (Miss. Ct. App. 2007) (quoting
Presley v. State, 792 So. 2d 950, 954 (¶18) (Miss. 2001)). Here, no statute saves Pollard’s
motion.
¶6.
For the above reasons, we dismiss Pollard’s appeal for lack of jurisdiction. However,
we note, as the circuit court did, that Pollard may pursue post-conviction relief pursuant to
section 99-39-1 to -29.
¶7.
THE APPEAL IS DISMISSED.
ASSESSED TO THE APPELLANT.
ALL COSTS OF THIS APPEAL ARE
KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS
AND MAXWELL, JJ., CONCUR. IRVING, J., CONCURS IN RESULT ONLY.
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