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Jenkins v. State

Court of Appeals of Mississippi

February 24, 2015

LEWIS JENKINS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 10/03/2013. TRIAL JUDGE: HON. BILLY JOE LANDRUM. TRIAL COURT DISPOSITION: DISMISSED MOTION FOR POST CONVICTION RELIEF.

LEWIS JENKINS, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BILLY L. GORE.

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

OPINION

Page 609

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

ISHEE, J.

¶1. Lewis Jenkins was indicted for the crime of depraved-heart murder. The charge was subsequently reduced, and on July 29, 2004, Jenkins pled guilty to manslaughter. He was sentenced to twenty years -- fifteen years to serve with five years suspended conditioned on post-release supervision -- all in the custody of the Mississippi Department of Corrections (MDOC). On August 19, 2013, Jenkins filed a motion that was treated as a motion for post-conviction relief (PCR) and dismissed as time-barred. Aggrieved, Jenkins filed this appeal. Finding no error, we affirm.

STATEMENT OF THE CASE

¶2. Jenkins confessed two times to killing Teressa Gillum and disposing of her body in a shallow grave. He was indicted for the crime of depraved-heart murder, but the charge was later reduced to manslaughter. On July 29, 2004, Jenkins entered a guilty plea in the Jones County Circuit Court. The trial judge sentenced Jenkins to twenty years, with fifteen years to serve and five years suspended for post-release supervision, all in the custody of MDOC. On August 19, 2013, Jenkins filed a " Petition for Order to Show Cause or in the Alternative Petition for Writ of Habeas Corpus." The trial court deemed his motion to be a PCR motion and found it had been filed outside of the three-year statute of limitations and failed to meet any of the exceptions that would allow it to be filed outside of that time frame. As such, the trial court ruled that Jenkins's PCR motion was time-barred.

¶3. In addition to being time-barred, this is actually Jenkins's second PCR motion. This Court previously affirmed the denial of Jenkins's first PCR motion in which Jenkins asserted the following errors: (1) involuntary plea, (2) involuntary confession and denial of a speedy trial, (3) newly discovered evidence, (4) constructive denial of counsel and ineffective assistance of counsel, (5) failure to grant an evidentiary hearing, and (6) cumulative error. See Jenkins v. State, 986 So.2d 1031, 1034-36 (¶ ¶ 11-20) (Miss.Ct.App. 2008).

STANDARD OF REVIEW

¶4. This Court will not reverse a trial court's dismissal of a PCR motion unless the trial court's decision was clearly erroneous. Pace v. State, 770 So.2d ...


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