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Hill v. State

Court of Appeals of Mississippi

February 25, 2014

AUNDREY DOUGLAS HILL A/K/A AUNDREY D. HILL A/K/A AUNDREY HILL, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Page 1070

COURT FROM WHICH APPEALED: LAFAYETTE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/10/2012. TRIAL JUDGE: HON. ANDREW K. HOWORTH. TRIAL COURT MOTION FOR POST-CONVICTION RELIEF DISMISSED.

FOR APPELLANT: AUNDREY DOUGLAS HILL (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

BEFORE IRVING, P.J., CARLTON AND MAXWELL, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, FAIR AND JAMES, JJ., CONCUR. ROBERTS, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 1071

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

MAXWELL, J.

¶1. Aundrey Hill appeals the denial of post-conviction relief (PCR) from his 2008 guilty plea to possessing stolen property and his sentence as a habitual offender. His challenge focuses on the sufficiency with which his qualifying convictions were pled in the habitual-offender portion of his indictment. After review, we find his challenge fails for both procedural and substantive reasons. First, his post-conviction attack is barred since it is untimely and subsequent to an earlier PCR motion. And second, while his indictment did not list the judgment dates of his prior convictions, the convictions were sufficiently pled to give notice of the predicate convictions relied on to support a habitual-offender sentence. We thus affirm.

Facts and Procedural History

¶2. On March 8, 2008, a grand jury charged Hill with possessing stolen property. The indictment, which charged Hill as a habitual offender, listed five prior felony convictions. On December 4, 2008, Hill pled guilty to the stolen-property charge and was sentenced as a habitual offender to serve ten years, with five years suspended--the specific sentence he and the State had negotiated.[1]

¶3. On March 18, 2011, Hill filed a PCR motion seeking to vacate the habitual-offender portion of his sentence, which the circuit judge summarily dismissed. While Hill opted not to appeal the dismissal, over a year later, he filed a pro se motion for leave to file a PCR motion in the trial court. And on July 26, 2012, the Mississippi Supreme Court entered an order dismissing Hill's motion.

¶4. Though he had no authority to do so, on August 3, 2012, Hill filed a second PCR motion, which the circuit judge dismissed as time-barred and ...


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