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Kennedy v. State

January 28, 1999

VICTOR KENNEDY A/K/A VICTOR LEWIS KENNEDY A/K/A VICTOR LOUIS KENNEDY
v.
STATE OF MISSISSIPPI



Before Sullivan, P.j., Banks And Roberts, JJ.

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

DATE OF JUDGMENT: February 11, 1998

TRIAL JUDGE: HON. R. I. PRICHARD, III

COURT FROM WHICH APPEALED: LAMAR COUNTY CIRCUIT COURT

BY: DEIRDRE McCRORY

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION: AFFIRMED - January 28, 1999

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

¶1. Kennedy challenges the authority of the trial court to sentence him to life imprisonment for murder pursuant to Miss. Code Ann. § 97-3-21. We conclude that Kennedy's sentence was not illegal and accordingly affirm the judgment of the circuit court.

I.

¶2. On July 17, 1978, Victor Kennedy pled guilty to murder and armed robbery. The trial Judge subsequently sentenced Kennedy to a term of life imprisonment for murder and ninety-nine years for armed robbery in the Mississippi Department of Corrections. Kennedy thereafter filed numerous petitions for Post-Conviction Collateral Relief in the Circuit Court of Lamar County. After his June, 1991 motion for post-conviction relief, Motion for Proper Sentence, was overruled on the basis of being barred by time and res judicata, Kennedy appealed to this Court. On October 21, 1993, this Court affirmed the trial court's denial of relief on the life sentence for the murder charge, and reversed and remanded the imposition of the ninety-nine year sentence for armed robbery for re-sentencing. See Kennedy v. State, 626 So. 2d 103 (Miss. 1993).

¶3. Kennedy's previous petitions included a Petition for Writ of Error in the murder conviction, denied September 19,1978; Petition for Writ of Habeas Corpus, denied July 2, 1980; and Petition for Writ of Error, denied January 3, 1983. On July 19, 1983, Kennedy filed a Petition to Clarify Sentences in both convictions, which was dismissed on August 12, 1983. Kennedy appealed the dismissal of that order to this Court, where it was dismissed for lack of prosecution. See Kennedy v. State, 626 So. 2d at 104-05. On January 28, 1985, he filed a Motion to Vacate Judgment on the murder conviction, which the trial court overruled finding it was barred by res judicata. Kennedy did not appeal that decision to this Court.

ΒΆ4. Kennedy recently filed another petition for post conviction relief in the murder conviction, a Motion to Vacate Judgment of Conviction, in February, 1998. The trial court overruled his motion as barred by time and res judicata. The trial court also assessed costs of $250 to ...


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