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Coleman v. State

August 13, 1998

HENRY E. COLEMAN A/K/A HENRY EARL COLEMAN
v.
STATE OF MISSISSIPPI



Before Sullivan, P.j., McRAE And Smith, JJ.

The opinion of the court was delivered by: McRAE, Justice

Coleman v. State, 97-CP-01155-SCT, __ So. 2d __

DATE OF JUDGMENT: 08/19/97

TRIAL JUDGE: HON. GRAY EVANS

COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION AFFIRMED - 08/13/98

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

¶1. Henry Coleman appeals the denial of his Motion to Vacate Judgment of Conviction and Sentence, based on his claim that he was denied a speedy trial, by the Circuit Court of Sunflower County on August 19, 1997. Pursuant to Miss. Code Ann. § 99-39-1 et seq., he again raises the speedy trial issue in his petition to this Court, styled as an "Appeal to the Mississippi Supreme Court to Vacate, Set Aside and/or Correct Sentence in Reference to Petition for Post-Conviction Relief." Finding no merit in his claim, we affirm the decision of the circuit court.

¶2. Coleman was found with a revolver under the pillow on which he had been sleeping on January 7, 1995 during a search of the house where he was staying by the Central Delta Drug Task Force. There was a shotgun by the bed, and another revolver in the closet. At the time, he was free on appeal bond while his appeal of a February 11, 1993 conviction for aggravated assault involving a firearm was pending before the Court of Appeals of Mississippi. *fn1 Following a hearing on January 13, 1995, his appeal bond was revoked for violation of his terms and he was ordered back into custody of the Mississippi Department of Corrections.

¶3. On December 18, 1995, Coleman was indicted by the grand jury of the Sunflower County Circuit Court for possession of a deadly weapon, having been previously convicted of other felonies, in violation of Miss. Code Ann. § 97-37-5. On January 22, 1996, he filed a motion for pre-trial hearing as well as a motion to dismiss for lack of speedy trial. He then entered a guilty plea on February 5, 1996 and was sentenced as an habitual offender to serve three years in the custody of the MDOC, consecutive to the twenty-year sentence he was serving for the aggravated assault charge.

I.

ΒΆ4. Coleman asserts that his constitutional and statutory rights to a speedy trial were violated since nearly thirteen months passed between the time of his "arrest" and the entry of his guilty plea. He further contends that because he was incarcerated, nothing was done to expedite his case. His petition for relief provides little in the ...


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