Christopher L. Grayer v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2001-CP-01516-COA
CHRISTOPHER L. GRAYER
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
08/28/2001
HON. STEPHEN B. SIMPSON
HARRISON COUNTY CIRCUIT COURT
CHRISTOPHER GRAYER
OFFICE OF THE ATTORNEY GENERAL
BY: W. GLENN WATTS
CONO A. CARANNA II
CIVIL - POST CONVICTION RELIEF
08/28/2001: DENIAL OF PCR
AFFIRMED - 07/30/2002
8/20/2002
BEFORE SOUTHWICK, P.J., BRIDGES, AND BRANTLEY, JJ.
BRIDGES, J., FOR THE COURT:
¶1. Christopher Grayer pled guilty to three counts of transfer of cocaine in the Circuit Court of Harrison
County, which entered judgment on August 1, 1997. The court sentenced Grayer to three concurrent
sentences of fifteen years, consecutive to a pre-existing probationary sentence for transfer of cocaine.
Grayer filed a petition for post-conviction relief (PCR) on July 2, 2001, nearly four years after he pled
guilty, alleging an involuntary guilty plea and ineffective assistance of counsel. The circuit court dismissed
Grayer's PCR motion as time-barred.
ISSUE
DID THE CIRCUIT COURT PROPERLY DISMISS GRAYER'S PCR MOTION AS
TIME-BARRED?
ANALYSIS
¶2. 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). Grayer does not assert any exception to the general Uniform PostConviction Collateral Relief Act's three year statute of limitations; nor does he allege a failure of the prison
mails as the cause for his delay. Grayer does not even attempt to explain his failure to comply with the
statute of limitations for PCR petitions.
¶3. Grayer's PCR motion alleges that he received ineffective assistance of counsel, and that he pled guilty
involuntarily. However, Grayer provides no evidence of having entered an involuntary plea outside of his
own assertions; nor does Grayer provide any evidence of counsel's malfeasance beyond his brief. This lack
of evidence would not be fatally prejudicial to his claim, but for the fact that the record of the guilty plea
hearing in this case directly contradicts his claims. Ford v. State, 708 So. 2d 73, 75-6 (¶¶ 11-12) (Miss.
1998). Consequently, even if Grayer's claim was not time-barred, it would lack merit, as the court below
noted.
¶4. For the foregoing reasons, we affirm the court below.
¶5. THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY DISMISSING
MOTION FOR POST-CONVICTION RELIEF WITH PREJUDICE IS AFFIRMED. ALL
COSTS OF THIS APPEAL ARE ASSESSED TO HARRISON COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR.
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