Samples v. State
Annotate this CaseAppellant Steven Samples entered into a negotiated plea of guilty to six drug-related charges and was sentenced to 300 months' imprisonment. On December 2, 2009, a judgment-and-commitment order was entered reflecting Appellant's negotiated plea. On December 20, 2010, Appellant filed a motion to correct clerical mistake in his commitment order, asserting that that the date reflected on the judgment did not conform with the agreement he reached in pleading guilty. The circuit court treated Appellant's motion as one seeking postconviction relief and denied the motion. The Supreme Court dismissed the appeal, holding (1) the court properly treated Appellant's motion as one seeking postconviction relief because it sought to correct a judgment that was based on a substantive claim; and (2) the court lacked jurisdiction to consider Appellant's motion because Appellant's postconviction motion to correct was untimely filed.
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