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Walker v. State

Court of Appeals of Mississippi

April 29, 2014

LEE MARTINEZ WALKER A/K/A LEE WALKER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/10/2013. TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS JR. TRIAL COURT MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED.

FOR APPELLANT: LEE MARTINEZ WALKER (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE GRIFFIS, P.J., BARNES AND JAMES, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

GRIFFIS, P.J.

¶1. Lee Walker appeals the dismissal of his motion for post-conviction collateral relief (PCCR). We find no error and affirm.

FACTS

¶2. On November 14, 2007, Walker was indicted for statutory rape, in violation of Mississippi Code Annotated section 97-3-65 (Supp. 2013). On January 22, 2008, he pled guilty to statutory rape and was sentenced

Page 213

to ten years, with one year to serve and nine years suspended. On February 6, 2012, Walker's probation was revoked.

¶3. On November 13, 2012, Walker filed a PCCR motion that made three arguments. First, he argued that the charges against him did not constitute a crime under section 97-3-65 because the victim was over the age of sixteen. Next, he claimed that the statute was unconstitutionally vague. Third, Walker argued that, when he pled guilty, he was not aware of the age requirement for the victim of statutory rape. The circuit court found that the motion was time-barred pursuant to Mississippi Code Annotated section 99-39-5(2) (Supp. 2013) and dismissed it.

¶4. On February 13, 2013, Walker filed a notice of appeal from the final judgment that dismissed his PCCR motion.[1] On April 30, 2013, the circuit court entered an order that limited the appeal to the dismissal of the PCCR motion ...


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