John Joseph Dedeaux, Sr. v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 1999-CP-00106-COA
JOHN JOSEPH DEDEAUX, SR
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT 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:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLANT
APPELLEE
08/14/1998
HON. JERRY O. TERRY SR.
HANCOCK COUNTY CIRCUIT COURT
PRO SE.
OFFICE OF THE ATTORNEY GENERAL
BY: JEFFREY A. KLINGFUSS
CONO A. CARANNA II
CIVIL - POST CONVICTION RELIEF
08/14/1998: POST-CONVICTION RELIEF DENIED
AFFIRMED - 07/16/2002
7/24/2002; denied 9/17/2002
10/1/2002
BEFORE SOUTHWICK, P.J., BRIDGES, AND BRANTLEY, JJ.
BRIDGES, J., FOR THE COURT:
¶1. John Joseph Dedeaux, Sr. pled guilty to a charge of receiving stolen property on November 13, 1990,
and was sentenced to five years in the custody of the Mississippi Department of Corrections (MDOC).
Dedeaux filed a motion for post-conviction relief (PCR) which was dismissed by an order entered
September 22, 1992. Dedeaux filed a second motion for post-conviction relief on May 1, 1998, which the
court returned for failure to meet the statutory requirements for PCR pleadings. Dedeaux then filed yet
another motion for post-conviction relief on August 10, 1998, seeking relief from his plea and sentence of
November 13, 1990.
¶2. The Circuit Court of Hancock County denied Dedeaux's motion as time-barred, and as a successive
writ. Dedeaux appeals.
STATEMENT OF THE ISSUE
DID THE CIRCUIT COURT OF HANCOCK COUNTY PROPERLY DENY DEDEAUX'S
MOTION FOR POST-CONVICTION RELIEF?
ANALYSIS
¶3. A motion for post-conviction relief shall be made within three years of entry of judgment. Miss. Code
Ann. § 99-39-5 (2) (Rev. 2000). Dedeaux properly filed his motion for post-conviction relief within two
years of his guilty plea, and the court dismissed his motion. Dedeaux did not appeal. However, Dedeaux did
file a second and third motion for post-conviction relief nearly eight years after he pled guilty. Consequently,
Dedeaux's motion does not fall within the statute of limitations, and this Court affirms the judgment of the
circuit court.
¶4. Further, Dedeaux's second and third motions for post-conviction relief are barred as successive writs.
"The dismissal or denial of an application under this section is a final judgment and shall be a bar to a second
or successive application under this chapter." Miss. Code Ann. § 99-39-27 (9) (Rev. 2000). Dedeaux
could have pursued an appeal of the court's dimissal of his original PCR, but did not. As this was the sole
remedy available to him, Dedeaux's current PCR was properly denied.
¶5. For the foregoing reasons, we affirm the judgment of the Hancock County Circuit Court.
¶6. THE JUDGMENT OF THE CIRCUIT COURT OF HANCOCK COUNTY DENYING THE
MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS
APPEAL ARE ASSESSED TO HANCOCK COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR.
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