Kenneth Harris v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-CP-00503-COA
KENNETH HARRIS A/K/A KENNY HARRIS
v.
STATE OF MISSISSIPPI
APPELLANT
APPELLEE
DATE OF JUDGMENT:
03/02/2000
TRIAL JUDGE:
HON. JOHN L. HATCHER
COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT:
PRO SE
ATTORNEY FOR APPELLEE:
BY: W. GLENN WATTS
DISTRICT ATTORNEY:
SAM KNOWLTON
NATURE OF THE CASE:
CRIMINAL - POST-CONVICTION RELIEF
TRIAL COURT DISPOSITION:
DISMISSED AS TIME BARRED
DISPOSITION:
AFFIRMED-2/6/01
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
2/27/2001
BEFORE KING, P.J., IRVING, AND PAYNE, JJ.
KING, P.J., FOR THE COURT:
¶1. Kenneth Harris perfected this appeal from an order denying post-conviction relief entered by the Circuit
Court of Coahoma County, Mississippi. Harris pled guilty to two separate counts of armed robbery on July
21, 1983. Harris was sentenced to serve a term of fifteen years on the first count, ten years on the second
count, to run consecutively to the first and was ordered to pay $100 as restitution to the victims in the first
count. On appeal, Harris raises the following issues: (1) whether a claim for defective indictment must be
filed within three years under the Post- Conviction Relief Act, (2) whether the trial court erred in overruling
the appellant's claim of selective sentencing because the appellant pled guilty to armed robbery, and (3)
whether the trial court's ruling was against the overwhelming weight of the evidence. Finding Harris's first
issue to be dispositive of this matter, we affirm.
FACTS
¶2. Kenneth Harris was arrested on two counts of armed robbery. In December of 1982, Harris entered
Bing's Grocery store and robbed Hoyping and Joe Bing of $100 at gunpoint. Approximately four months
later, Harris entered Moco Service Station and robbed Fred Johnson of $100 at gunpoint. In June 1983, a
Coahoma County Grand Jury indicted Harris on two counts of armed robbery.
¶3. On July 21, 1983, in open court, Harris entered his guilty plea to both counts of armed robbery. The
trial judge then questioned Harris extensively to determine whether his pleas to the charges were knowingly
and voluntarily made. The charges were read, and Harris testified that he understood the nature of the
charges and had in fact committed the crimes.
¶4. The trial judge questioned Harris to determine if he understood the maximum sentence allowable for
each count was life imprisonment. Harris acknowledged that he understood this to be the maximum penalty
for his offenses. The trial judge informed Harris that the guilty pleas would waive his right to a jury trial,
other constitutional protections, and an appeal to the supreme court. Harris acknowledged his
understanding, and affirmed his desire to plead guilty. The court accepted the pleas and scheduled a date
for the sentencing hearing.
¶5. On August 17, 1983, Harris was sentenced to serve a term of fifteen years on count one and ten years
on count two, without eligibility for parole until he served a minimum of ten years, in the Mississippi
Department of Corrections. The judge ordered the sentence for count two to run consecutively to the first
count . Harris was ordered to pay $100 as restitution to the victims of the first armed robbery. Aggrieved
by these sentences, Harris petitioned the Coahoma County Circuit Court for post-conviction relief on
November 15, 1999. The Coahoma County Circuit Court denied the motion, finding that Harris was time
barred by Miss. Code § 99-39-5(2)(Rev. 2000). From that denial of relief, Harris has perfected this
appeal.
ISSUE AND ANALYSIS
I.
Whether a claim for defective indictment must be filed within three years under the PostConviction Relief Act.
¶6. Harris petitioned for post conviction relief arguing that the court erred by barring his claim for lack of
timeliness because his indictment failed to put him on notice of restrictions denying parole or earned time
allowances for the first ten years of each sentence. As a result of these defects, Harris argues that the circuit
court lacked jurisdiction to impose mandatory sentences for both counts of armed robbery. Harris's claims
are time barred.
¶7. Miss. Code Ann. § 99-39-21(1) mandates that a failure to raise an objection, defense or error in fact
or law capable of determination at trial or on direct appeal shall be deemed a waiver. The prisoner will then
be procedurally barred from raising that claim unless he can make a showing of good cause and actual
prejudice. However, the question of the indictment is one which could and should have been raised on
direct appeal. The indictment was not defective, but even if it were, the deficiencies were non-jurisdictional
in nature and were waived when Harris entered his guilty plea.
¶8. This Court affirms the circuit court's order dismissing the motion for lack of timeliness pursuant to Miss.
Code Ann. § 99-39-5(2). Section 99-39-5(2) requires requests for post-conviction relief from guilty pleas
to be filed within three years after entry of the judgment of conviction. The exceptions to this three year
limitation are: (1) cases in which the prisoner can show that there has been an intervening decision of the
Mississippi or United States Supreme Court which would adversely affect the outcome of his conviction,
(2) cases in which he has new evidence, not discoverable at trial, that would have caused a different result
in conviction or sentence, or (3) cases in which the prisoner claims his sentence has expired or his
probation, parole or conditional release has unlawfully been revoked. Harris has failed to put forth any facts
to require consideration of his appeal outside the three year period of limitation.
¶9. Harris pled guilty on July 21,1983, prior to the enactment of Miss. Code Ann. § 99-39-5(2)(Rev.
2000) on April 17, 1984. The act created a three year time period, beginning April 17, 1984, within which
relief must be sought for convictions prior to its enactment. Odom v. State, 483 So. 2d 343, 344 (Miss.
1986). Harris did not file his petition until November 15, 1999, fifteen years after the expiration of the
statute of limitations. Because the defects complained of are non-jurisdictional in nature, the guilty plea
operated as a waiver to his claim of defective indictment. Brooks v. State, 573 So. 2d 1350, 1353 (Miss.
1990).
¶10. Finding Harris to be procedurally barred, we affirm.
¶11. THE JUDGMENT OF THE COAHOMA COUNTY CIRCUIT COURT DENYING POST
CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO
COAHOMA COUNTY.
McMILLIN, C.J., SOUTHWICK, P.J., PAYNE, BRIDGES, THOMAS, LEE, IRVING,
MYERS AND CHANDLER, JJ., CONCUR.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
