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Dedeaux v. State

Court of Appeals of Mississippi

December 2, 2014

JOHN JOSEPH DEDEAUX A/K/A JOHN JOSEPH DEDEAUX, SR. A/K/A JOHN J. DEDEAUX A/K/A JOHN J. DEDEAUX, SR., APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 04/30/2013.

Page 925

COURT FROM WHICH APPEALED: HANCOCK COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JOHN C. GARGIULO. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

JOHN JOSEPH DEDEAUX SR., APPELLANT, Pro se.

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

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

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

Page 926

IRVING, P.J.

¶1. John Joseph Dedeaux appeals the judgment of the Hancock County Circuit Court denying his fourth motion for post-conviction collateral relief (PCR), arguing that (1) the circuit court erred in convicting him of a crime for which he had not been indicted and had not waived indictment, and (2) he had received ineffective assistance of counsel.

¶2. Finding no error, we affirm.

FACTS

¶3. On July 25, 1990, Dedeaux was indicted for burglary of the Bay Senior High School, located in Bay St. Louis, Mississippi. On November 8, 1990, Dedeaux filed a plea petition, stating that he wished to plead guilty and attesting that the basis for his desire to plead guilty was that he " was in possession of the property stolen from the high school." On November 13, 1990, the circuit court accepted Dedeaux's guilty plea and sentenced him to five years in the custody of the Mississippi Department of Corrections (MDOC), to run concurrently to his sentence for a prior felony conviction.[1] On March 15, 1994, Dedeaux was convicted of transfer of a controlled substance, his third felony conviction, and was sentenced to thirty years in custody of the MDOC pursuant to Mississippi Code Annotated section 99-19-81 (Supp. 2014).[2]

¶4. After filing three PCR motions in the circuit court challenging his 1990 receiving-stolen-property conviction, each of which the circuit court denied, Dedeaux filed a PCR motion in the Mississippi Supreme Court challenging the same conviction.

¶5. By order filed on February 21, 2013, the supreme court dismissed Dedeaux's PCR motion without prejudice to his filing the motion in the circuit court. On February 21, 2013, Dedeaux filed his fourth PCR motion in the circuit court, arguing that (1) the motion was not time-barred despite the provisions of Mississippi Code Annotated section 99-39-5 (Supp. 2014)[3] because his fundamental right had been violated; (2) the circuit court lacked subject-matter jurisdiction to convict him of receiving stolen property because he had not been indicted for that crime and had ...


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