Eddie Lee Johnson v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2001-CP-01836-COA
EDDIE LEE JOHNSON
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
10/9/2001
HON. ALBERT B. SMITH, III
COAHOMA COUNTY CIRCUIT COURT
EDDIE LEE JOHNSON (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JEAN SMITH VAUGHAN
LAURENCE Y. MELLEN
CIVIL - POST CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DISMISSED AS UNTIMELY FILED.
AFFIRMED - 01/21/2003
BEFORE SOUTHWICK, C.J., BRIDGES AND MYERS, J.J.
BRIDGES, J., FOR THE COURT:
¶1.
Eddie Lee Johnson pled guilty to possession of a firearm by a convicted felon and burglary. The
Circuit Court of Coahoma County sentenced Johnson on December 1, 1997, to serve three years in the
custody of the Mississippi Department of Corrections on the firearms charge, and twenty-five years on the
burglary charge to run consecutively. Johnson filed a motion for post-conviction relief on October 4, 2001.
The court dismissed Johnson's motion as untimely, according to Mississippi Code Annotated Section 9939-5 (Rev. 2000).
STATEMENT OF THE ISSUE
DID THE COURT PROPERLY DISMISS JOHNSON'S MOTION FOR POST-CONVICTION
RELIEF AS UNTIMELY?
ANALYSIS
¶2.
The order of the court sentencing Johnson was entered on December 1, 1997. Johnson's motion
for post-conviction relief was filed on October 4, 2001. Motions for post-conviction relief are required
to be filed within three years of entry of judgment of conviction in the case of a guilty plea. Miss. Code
Ann. § 99-39-5 (Rev. 2000). Consequently, Johnson's motion for post-conviction relief was properly
dismissed as untimely filed, and we affirm.
¶3.
THE JUDGMENT OF THE CIRCUIT COURT OF COAHOMA COUNTY
DISMISSING THE MOTION FOR POST-CONVICTION RELIEF AS UNTIMELY FILED IS
AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO COAHOMA COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING,
MYERS, AND CHANDLER, JJ., CONCUR. GRIFFIS, J., NOT PARTICIPATING.
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