COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 04/16/2014. TRIAL JUDGE: HON. JOHN C. GARGIULO. TRIAL COURT DISPOSITION: DISMISSED MOTION FOR POST-CONVICTION RELIEF.
SAMUEL LEE THOMAS, APPELLANT, Pro se.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD.
BEFORE IRVING, P.J., ISHEE AND CARLTON, JJ.
¶1. Samuel Lee Thomas, proceeding pro se, filed a motion for post-conviction relief (PCR), asserting that his convictions violated his right to be protected from double jeopardy, thereby rendering his sentences illegal and excepting his PCR motion from the procedural time-bar. The Harrison County Circuit Court dismissed the motion. Feeling aggrieved, Thomas now appeals.
¶2. Finding no error, we affirm. FACTS
¶3. Thomas was indicted for two counts of burglary. Count I of the multi-count indictment stated that Thomas, a habitual offender, on or about October 20, 2007,
did willfully, unlawfully, feloniously and burglariously break and enter a certain building known as Spee Dee Oil Change, located at 301 Pass Road, Gulfport, Mississippi, the property of Carl Necaise, d/b/a/ Spee Dee Oil Change, wherein there were kept good[s], merchandise, or valuable things for use, sale, deposit, or transportation, with the intent to steal therein, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi.
Count II stated that Thomas did willfully, unlawfully, feloniously and burglariously break and enter a
certain automobile commonly known as one (1) 1982 Buick Regal automobile, green in color, MS tag #396HWQ, the property of Deondra Jones, wherein there were kept good[s], merchandise or valuable things for use, sale, deposit or transportation, with the intent to steal therein, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi.
¶4. On April 13, 2009, during his guilty-plea hearing, Thomas admitted to breaking and entering into the Spee Dee Oil Change (Spee Dee) and stealing tires, as well as breaking and entering an automobile located within the Spee Dee facility and stealing speakers and compact discs (CDs). Thomas pleaded guilty, and the circuit court sentenced him, as a habitual offender, to five years on each count, with the sentences to run consecutively. On December 27, 2012, Thomas filed a PCR motion with the circuit court, alleging that his sentences were illegal. The circuit court initially dismissed Thomas's motion as being timebarred. However, upon its own reconsideration, the circuit court set aside the dismissal and asked the State to respond to the allegations in Thomas's PCR motion. After the State's response, the circuit court dismissed the motion, finding that Thomas's motion was indeed procedurally barred because he had ...