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Blount v. State

Court of Appeals of Mississippi

August 20, 2013

Charlie BLOUNT a/k/a Charlie Blunt a/k/a Charlie Blout, Appellant
v.
STATE of Mississippi, Appellee.

Rehearing Denied Nov. 26, 2013.

Page 928

[Copyrighted Material Omitted]

Page 929

Charlie Blount, appellant, pro se.

Office of the Attorney General by Jeffrey A. Klingfuss, attorney for appellee.

Before IRVING, P.J., BARNES and MAXWELL, JJ.

MAXWELL, J.

¶ 1. This court recently affirmed Charlie Blount's direct appeal of his motor-vehicle-theft conviction and his life sentence as a habitual offender. While that appeal was pending, Blount filed a motion for post-conviction relief (PCR) in the Hinds County Circuit Court. His PCR motion challenged his various previous convictions and sentences but primarily attacked the court's imposition of an enhanced sentence for his 1996 cocaine-possession conviction. The circuit judge summarily dismissed his PCR motion as time-barred. After reviewing the record and finding no applicable exceptions to the three-year statute of limitations, we too find the PCR motion was time-barred and properly dismissed. Thus, we affirm.

Facts and Procedural History

¶ 2. Blount's string of felony convictions began in 1993, when he pled guilty in the Hinds County Circuit Court to three separate felonies— (1) simple assault of a law enforcement officer, (2) accessory after the fact to grand larceny, and (3) receiving stolen goods. The circuit judge accepted his three guilty pleas and sentenced Blount to five years on each count, with the sentences running concurrently.

¶ 3. In 1996, while still serving these sentences, Blount was tried by a jury and convicted of another felony— cocaine possession. He was sentenced to three years' imprisonment on this drug charge as a habitual offender. See Miss.Code Ann. § 99-19-81 (Rev.2007) (imposing the maximum term of imprisonment for the current felony conviction where the defendant had been " convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times" and sentenced to separate terms of one year or more). Most recently, on April 15, 2011, a jury found Blount guilty of motor-vehicle theft, his fifth separate felony conviction. Because Blount had previously been convicted of at least two felonies, one of which was a crime of violence (simple assault on a law enforcement officer), and had served separate sentences of one or more years, the trial judge sentenced him as a habitual offender to a mandatory term of life imprisonment. See Miss.Code Ann. § 99-19-83 (Rev.2007).

¶ 4. We upheld Blount's 2011 vehicle-theft conviction and life sentence on direct appeal, rejecting his argument that his conviction for simple assault did not involve an assault on a law enforcement officer and thus did not qualify as a crime of violence for habitual-offender status. Blount v. State, 111 So.3d 1216, 1222 (¶ 22) (Miss.Ct.App.2012) (rehearing denied Feb. 5, 2013, and certiorari denied May 2, 2013). But while his appeal was pending, Blount filed a PCR motion in the circuit court under cause number 94-3-38, which concerned his 1996 cocaine-possession charge.

¶ 5. Though Blount had already served the three-year sentence for this drug offense, he claimed the multiple felony convictions supporting the application of an enhanced sentence had not arisen out of separate incidents as required by section 99-19-81. Blount later amended his PCR motion to challenge each of his five prior felony convictions— including his 2011 motor-vehicle-theft ...


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