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Barnes v. State

Court of Appeals of Mississippi

November 4, 2014

ROBERT DEWAYNE BARNES A/K/A ROBERT BARNES A/K/A ROBERT D. BARNES, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 09/24/2013.

COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. ROBERT P. KREBS.

FOR APPELLANT: ROBERT DEWAYNE BARNES (Pro se).

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

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

OPINION

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

Page 221

LEE, C.J.

¶1. In 2005, Robert Dewayne Barnes pleaded guilty to three counts of armed robbery. Barnes was sentenced to serve three years on each count, with the sentences to run concurrently, and five years of post-release supervision. On April 24, 2012, the Jackson County Circuit Court found that Barnes had violated the terms of his post-release supervision and revoked Barnes's probation.

¶2. In August 2012, Barnes filed a motion for reconsideration. In October 2012, Barnes filed a petition to clarify the order of revocation. While these two motions were pending, Barnes filed a motion for post-conviction relief (PCR) on November 1, 2012. By order dated November 20, 2012, the trial court addressed all Barnes's motions together and denied relief. Barnes did not appeal this order.

¶3. On December 7, 2012, Barnes filed another PCR motion, which the trial court denied on March 26, 2013. On June 14, 2013, Barnes sought relief from the Mississippi Supreme Court. The supreme court treated Barnes's motion as a request for an out-of-time appeal and remanded for the trial court to consider whether Barnes was entitled to proceed with an out-of-time appeal. We note that the trial court's order denying relief on March 26, 2013, is not in the record. On September 24, 2013, the trial court entered an order denying Barnes's request for an out-of-time appeal.

¶4. Barnes now appeals asserting the trial court erred in denying his request for an out-oftime appeal and revoking his post-release supervision.

STANDARD OF REVIEW

¶5. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hughes ...


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