Shelby Truitt v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2003-CP-00344-COA
SHELBY TRUITT
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:
1/15/2003
HON. LAMAR PICKARD
CLAIBORNE COUNTY CIRCUIT COURT
SHELBY TRUITT (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JEFFREY A. KLINGFUSS
ALEXANDER C. MARTIN
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DENIED
AFFIRMED - 05/04/2004
EN BANC.
LEE, J., FOR THE COURT:
PROCEDURAL HISTORY AND FACTS
¶1.
Shelby Truitt perfected this appeal from an order denying post-conviction relief entered by
the Circuit Court of Claiborne County. In January 1974, Truitt was indicted for felony escape. Truitt
waived his right to representation and pled guilty to the charge of felony escape. Truitt was sentenced to
serve two years at the state penitentiary. In 1993, Truitt filed a motion for post-conviction relief, and the
motion was denied. The supreme court affirmed the denial in 1996. See Truitt v. State, 675 So. 2d 318
(Miss. 1996). Aggrieved by his present state, Truitt once again petitioned the Claiborne County Circuit
Court for post-conviction relief on November 14, 2002. The Claiborne County Circuit Court denied the
motion finding that Truitt was time-barred by Mississippi Code Annotated Section 99-39-5(2) (Rev.
2000). From that denial of relief, Truitt has perfected this appeal.
¶2.
On appeal, Truitt raises the following issues: (1) the statute under which he was convicted provided
for a one year sentence and Truitt was sentenced to two years; (2) he is innocent of the offense of felony
escape; and (3) the trial court erred in finding that his motion for post-conviction relief was time-barred.
Finding that the motion for post-conviction relief is both untimely and a successive pleading for postconviction relief, we affirm.
DISCUSSION OF ISSUES
I.
¶3.
IS THE PETITION FOR POST-CONVICTION RELIEF UNTIMELY?
Truitt pled guilty to felony escape on January 9, 1974, some ten years prior to the enactment of the
Mississippi Uniform Post-Conviction Collateral Relief Act on April 17, 1984. The Act created a three year
time period, beginning April 17, 1984, within which relief must be sought for convictions prior to its
enactment. Odom v. State, 483 So. 2d 343, 344 (Miss. 1986). Truitt first filed a motion for postconviction relief in 1993, and the motion was denied. The supreme court affirmed the denial in 1996. See
Truitt, 675 So. 2d at 318. Truitt did not file this petition until November 14, 2002, fifteen years after the
expiration of the statute of limitations. Under Odom, Truitt should have filed his petition for post-conviction
relief no later than April 17, 1987. Id. As Truitt's motion for post-conviction relief falls well beyond the
three year statute of limitations, we affirm the circuit court's order denying the motion for lack of timeliness
pursuant to Mississippi Code Annotated Section 99-39-5(2).
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¶4.
Section 99-39-5(2) requires requests for post-conviction relief from guilty pleas to be filed within
three years after entry of the judgment of conviction. The exceptions to this three year limitation are: (1)
cases in which the prisoner can show that there has been an intervening decision of the Mississippi or
United States Supreme Court which would adversely affect the outcome of his conviction; (2) cases in
which he has new evidence, not discoverable at trial, that would have caused a different result in conviction
or sentence; or (3) cases in which the prisoner claims his sentence has expired or his probation, parole or
conditional release has unlawfully been revoked. Miss. Code Ann. § 99-39-5(2) (Supp. 2003). Truitt has
failed to put forth any facts to require consideration of his appeal outside the three year period of limitation.
II.
¶5.
IS THIS PETITION BARRED AS A SUCCESSIVE PETITION?
Mississippi Code Annotated Section 99-39-23 (6) (Supp. 2003) bars successive petitions for
post-conviction relief. The record clearly indicates that Truitt filed such a petition in 1993, and the supreme
court upheld the denial. Truitt, 675 So. 2d at 318. Although exceptions to this bar exist, Truitt has failed
to raise facts requiring consideration of these exceptions.
¶6.
For these reasons, we affirm the denial of post-conviction relief.
¶7.
THE JUDGMENT OF THE CIRCUIT COURT OF CLAIBORNE COUNTY DENYING
POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE
ASSESSED TO CLAIBORNE COUNTY.
KING, C.J., BRIDGES AND SOUTHWICK, P.JJ., THOMAS, IRVING, MYERS,
CHANDLER AND GRIFFIS, JJ., CONCUR.
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