Bob G. Willis v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2001-CP-01021-COA
BOB G. WILLIS AND TIMOTHY CAREY WILLIS
APPELLANTS
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEE
4/23/2001
HON. RICHARD W. MCKENZIE
FORREST COUNTY CIRCUIT COURT
BOB G. WILLIS (PRO SE)
TIMOTHY CAREY WILLIS (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: BILLY L. GORE
E. LINDSAY CARTER
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DENIED
APPEALS DISMISSED: 5/13/2003
BEFORE KING, P.J., THOMAS AND CHANDLER, JJ.
KING, P.J., FOR THE COURT:
¶1.
Bob and Timothy Willis are brothers and non-residents of the State of Mississippi. They and
several others were arrested when an eighteen-wheeler loaded with marijuana was confiscated in Forrest
County in May 1980. Following their arrest, Bob and Timothy Willis pleaded guilty to two separate
offenses, namely, the attempted sale of a controlled substance and the attempted sale of marijuana. As a
consequence of their guilty pleas, no prison time was ordered; however, the Willises were each ordered
to pay fines in the amount of $30,000 on each conviction. Almost twenty years later, in August 1999, the
Willises filed separate but similar pleadings in the Circuit Court of Forrest County styled "Motion for PostConviction Relief." Amended motions were later filed in November 1999 alleging, among other things, the
following:
That the sentences given for Charges I and II were violative of § § § 41-29-139(c)(1) and
41-29-139(c)(2)(A) and 41-29-149(f) of the Mississippi Code of 1972, as amended, with
respect to the failure to impose sentences of time, and, therefore, these sentences are void
and statutorily impermissible . . . .
¶2.
An evidentiary hearing was held in April 2001 at which the Willises were represented by counsel.
The Willises themselves were incarcerated in a federal correctional facility in Marianna, Florida and waived
their appearance. The trial court entered an order and opinion denying the requested relief on the ground
that, among other things, a sentence without a period of incarceration was within the authority of the trial
court judge. This pro se appeal is from that denial of their motion. Finding that this Court lacks jurisdiction,
the appeals are dismissed.
¶3.
The preeminent requirement of the Post-Conviction Collateral Relief Act is that the petitioner be
"a prisoner in custody under sentence of a court of record of the State of Mississippi." Miss. Code Ann.
§ 99-39-5 (Rev. 2000). The Willises are not now, nor have they ever been, imprisoned under sentence
of a court of record of the State of Mississippi as far as this Court is aware. As a result, the trial court did
not possess the requisite jurisdiction to rule on the motion; consequently, no jurisdiction is conferred upon
this Court. Id. The appeals are dismissed.
¶4.
THE APPEAL OF TIMOTHY CAREY WILLIS OF THE JUDGMENT OF THE
CIRCUIT COURT OF FORREST COUNTY IS DISMISSED. THE APPEAL OF BOB G.
WILLIS OF THE JUDGMENT OF THE CIRCUIT COURT OF FORREST COUNTY IS
DISMISSED. COSTS OF APPEALS ARE ASSESSED TO THE APPELLANTS.
McMILLIN, C.J., SOUTHWICK, P.J., BRIDGES, THOMAS, LEE, IRVING, MYERS,
CHANDLER AND GRIFFIS, JJ., CONCUR.
2
3
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.
