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Graham v. State

Court of Appeals of Mississippi

November 18, 2014

TYLER GRAHAM A/K/A TYLER LANE GRAHAM, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 07/16/2013.

Page 243

COURT FROM WHICH APPEALED: CARROLL COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JOSEPH H. LOPER JR. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: TYLER GRAHAM (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: MELANIE DOTSON THOMAS.

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

OPINION

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

Page 244

CARLTON, J.

¶1. Tyler Graham appeals the Carroll County Circuit Court's denial of his motion for post-conviction relief (PCR). On appeal, Graham raises the following issues: (1) whether his claim that his attorney gave him incorrect advice about parole eligibility was time-barred; (2) whether he was entitled to any type of relief due to his attorney's incorrect advice about parole eligibility; (3) whether the circuit court failed to address his claim regarding intervening decisions of the United States Supreme Court; and (4) whether his convictions violated the Double Jeopardy Clause. Finding no error in the circuit court's denial of Graham's PCR motion, we affirm.

FACTS

¶2. On October 24, 2006, a grand jury indicted Graham for aggravated assault and armed robbery. On November 20, 2006, Graham pled guilty to both charges, and the circuit court judge sentenced him to serve twenty years for Count I, aggravated assault, and twenty-five years for Count II, armed robbery, both in the custody of the Mississippi Department of Corrections, with the sentence in Count I to run concurrently with the sentence in Count II. On June 7, 2013, Graham filed his PCR motion, and on July 12, 2013, he filed a motion to vacate his conviction and sentence.

¶3. The circuit court judge consolidated Graham's motions after finding that both motions sought to set aside Graham's convictions and sentences due to a violation of the Double Jeopardy Clause and incorrect advice from Graham's attorney regarding parole eligibility. In an opinion entered July 16, 2013, the circuit court judge found that Graham's assignments of error lacked merit and that his PCR motion was barred by the three-year statute of limitations. See Miss. Code Ann. ...


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