Jimmy Brister, Jr. v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CP-01556-COA
JIMMY BRISTER, JR.
APPELLANT
v.
STATE OF MISSISSIPPI
APPELLEE
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:
8/20/2002
HON. MIKE SMITH
WALTHALL COUNTY CIRCUIT COURT
JIMMY BRISTER, JR. (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JEAN SMITH VAUGHAN
JAMES DANIEL SMITH
CIVIL - POST-CONVICTION RELIEF
PCR DENIED
AFFIRMED - 10/28/2003
BEFORE SOUTHWICK, P.J., MYERS AND CHANDLER, JJ.
MYERS, J., FOR THE COURT:
¶1.
Jimmy Brister, pro se, appeals an order of the Circuit Court of Walthall County, Mississippi
denying his motion for post-conviction relief. Aggrieved, Brister perfected this appeal raising the following
issue:
DID THE TRIAL COURT ERR IN DENYING APPELLANT’S MOTION FOR
POST-CONVICTION RELIEF WITHOUT AN EVIDENTIARY HEARING AND
THE REQUESTED RELIEF THEREIN CONTAINED?
STATEMENT OF FACTS
¶2.
On July 26, 1999, Jimmy Brister pled guilty to the charges of armed robbery, Count I and
conspiracy to commit armed robbery, Count II. On the first count, Brister was sentenced to a twenty year
term with seven and one-half years suspended and five years of probation. On the second count, Brister
was sentenced to a ten year term with five years of probation. The sentences from both counts were to
run concurrently with the Circuit Court of Walthall County retaining jurisdiction for one year. Brister was
also required to obtain his general equivalency diploma and to pay restitution and court costs. On August
16, 2002, Brister filed a motion for post-conviction relief requesting a reduction in his sentence. The trial
court denied Brister’s motion without conducting an evidentiary hearing, ruling that the court no longer had
the authority to change the sentence. Finding no error, we affirm.
LEGAL ANALYSIS
DID THE TRIAL COURT ERR IN DENYING APPELLANT’S MOTION FOR POSTCONVICTION RELIEF WITHOUT AN EVIDENTIARY HEARING AND THE REQUESTED
RELIEF THEREIN CONTAINED?
¶3.
Brister argues that the trial court erred in failing to conduct an evidentiary hearing and in failing to
grant his motion for a reduction in sentence. Brister claims the trial court continues to have jurisdiction over
him and its denial of his motion was against the overwhelming weight of evidence.
¶4.
"When reviewing a lower court's decision to deny a petition for post-conviction relief, this Court
will not disturb the trial court's factual findings unless they are found to be clearly erroneous. However,
where questions of law are raised, the applicable standard of review is de novo." Graves v. State, 822
So. 2d 1089, 1090 (¶ 4) (Miss. Ct. App. 2002) (citing Pickett v. State, 751 So. 2d 1031, 1032 (¶ 8)
(Miss. 1999); Brown v. State, 731 So. 2d 595, 598 (¶ 6) (Miss. 1999)). The issue of whether a trial
judge erred in denying a motion for post-conviction relief without an evidentiary hearing is a question of
fact. With this in mind, we now turn to a discussion of the law.
2
¶5.
The right to an evidentiary hearing is not guaranteed. The trial judge has discretion in allowing an
evidentiary hearing and “[i]f it plainly appears from the face of the motion, any annexed exhibits and the
prior proceedings in the case that the movant is not entitled to any relief, the judge may make an order for
its dismissal and cause the prisoner to be notified.” Miss. Code Ann. § 99-39-11(2) (Rev. 2000).
¶6.
When Brister pled guilty, the trial court retained jurisdiction on the sentence for one year. Brister
filed his motion for post-conviction relief in that same court more than three years later. There was no need
to conduct an evidentiary hearing because the trial court no longer had the authority to change the sentence.
This fact was apparent from the date stamp affixed to the face of Brister’s motion. Therefore, the trial
court’s denial of an evidentiary hearing was proper.
¶7.
Brister also argues that the trial judge’s denial of his motion was against the overwhelming weight
of evidence. Brister argues that the trial court should have reduced his sentence because he received his
general equivalency diploma; he has incurred no rule violations; he is enrolled in vocational school; and he
is employed as a unit support barber. The State argues that Brister’s motion for post-conviction relief is
not procedurally viable because the trial court no longer has jurisdiction over the sentence. Moreover, the
State argues that Brister’s motion for post-conviction relief is time barred. We agree.
¶8.
As stated above, the trial court retained jurisdiction on the sentence for only one year and no longer
has the authority to change the sentence unless it was illegal. Brister does not challenge the legality of his
plea or his sentence. In addition, The Mississippi Uniform Post-Conviction Collateral Relief Act requires
that a motion for relief be made within three years after entry of the judgment of conviction. Miss. Code
Ann. § 99-39-5(2) (Rev. 2000). There are certain exceptions to this limitation none of which Brister has
raised. Brister pled guilty and was convicted on July 26, 1999. Brister did not file his motion requesting
3
a reduction in sentence until August 16, 2002. The time limit for filing such a motion had expired.
Therefore, the trial court’s denial of Brister’s motion for post-conviction relief was proper.
¶9.
THE JUDGMENT OF THE CIRCUIT COURT OF WALTHALL COUNTY DENYING
THE MOTION FOR POST CONVICTION RELIEF IS AFFIRMED. COSTS OF THIS
APPEAL ARE ASSESSED TO WALTHALL COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, CHANDLER AND GRIFFIS, JJ., CONCUR.
4
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.
