Ronnie Harris v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CP-02115-COA
RONNIE HARRIS
APPELLANT
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:
APPELLEE
11/25/2002
HON. HARVEY S. BUCK
OKTIBBEHA COUNTY CIRCUIT COURT
RONNIE HARRIS (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: BILLY L. GORE
FORREST ALLGOOD
CIVIL - POST-CONVICTION RELIEF
DENIED MOTION
AFFIRMED: 12/09/2003
BEFORE KING, P.J., IRVING AND GRIFFIS JJ.
GRIFFIS, J., FOR THE COURT:
¶1.
Ronnie Harris appeals the denial of his motion for post-conviction relief from a conviction in which
he received a sentence of five years. Harris contends that his conviction and sentence should be vacated
and set aside because it violates his fundamental right to due process. Finding no error, we affirm.
FACTS
¶2.
In 1985, Harris pled guilty in the Circuit Court of Oktibbeha County to burglary and was
sentenced to five years. In 2002, Harris filed a motion for post-conviction relief from the 1985 burglary
conviction. Harris argued that the indictment was defective, and that it resulted in an illegal sentence. In
the motion, Harris asserted that his previous conviction of burglary, the one in question, was wrongly used
as an enhancing factor in subsequent sentences. Harris was subsequently indicted for burglary as a habitual
offender, escape as a habitual offender, and aggravated assault as a habitual offender. Harris was
convicted and sentenced to a term of twenty-eight years. The circuit court summarily denied the motion for
post-conviction relief.
LAW AND ANALYSIS
¶3.
We will not address Harris's claim that the indictment was defective because he is no longer serving
the sentence of which he complains. Shaw v. State, 803 So.2d 1282, 1284 (¶7) (Miss. Ct. App. 2002).
The post-conviction relief statutes are an avenue for persons "in custody under sentence of a court of
record" to seek relief from the conviction or sentence. Miss. Code Ann. Section 99-39-5(1) (Supp.
2003). Harris is presently a prisoner within the jurisdiction of the Mississippi Department of Corrections.
However, he is not being held under the sentence of which he complains. Harris's 1985 sentence of five
years expired in 1990, twelve years before the filing of his post-conviction relief motion. Furthermore,
Harris has not provided this Court with any proof that he is still serving the sentence nor does he allege that
he is still serving that particular sentence. Therefore, the post-conviction relief statutes provide him no
remedy. Miss. Code Ann. § 99-39-5(1) (Supp. 2003); Shaw, 803 So.2d at 1284 (¶7). Thus, we affirm.
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¶4.
THE JUDGMENT OF THE CIRCUIT COURT OF OKTIBBEHA COUNTY DENYING
POST-CONVICTION RELIEF IS AFFIRMED. COSTS OF THIS APPEAL ARE ASSESSED
TO OKTIBBEHA COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, MYERS AND CHANDLER, JJ., CONCUR.
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