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Hamberlin v. State

Court of Appeals of Mississippi

May 19, 2015

TOMMY HAMBERLIN A/K/A TOMMY LEE HAMBERLIN, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: WARREN COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 10/02/2013. TRIAL JUDGE: HON. M. JAMES CHANEY JR. TRIAL COURT DISPOSITION: PETITION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED.

AFFIRMED.

TOMMY HAMBERLIN, APPELLANT, Pro se.

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

BEFORE GRIFFIS, P.J., ISHEE AND MAXWELL, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. ROBERTS, J., CONCURS IN RESULT ONLY. JAMES, J., NOT PARTICIPATING.

Page 492

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

GRIFFIS, P.J.

[¶1] Tommy Hamberlin appeals the dismissal of his motion for post-conviction collateral relief (PCCR). Because we find that this motion is procedurally barred without an exception and that it is without merit, we affirm the circuit court's dismissal.

FACTS AND PROCEDURAL HISTORY

[¶2] A Warren County grand jury indicted Hamberlin for possession of a controlled substance on January 26, 2000. The indictment included sentence enhancements due to Hamberlin's prior conviction for possession of a controlled substance in 1995 in which he received a sentence of eight years.

[¶3] Hamberlin pleaded guilty in 2001 to the charges, and received a sentence of six years, with 180 days to serve, and the remainder of the sentence suspended. Hamberlin served the 180 days and received post-release supervision for his remaining sentence.[1]

[¶4] Before Hamberlin completed his post-release-supervision term for the 2001 conviction, he was arrested and indicted for the sale and delivery of a controlled substance on July 24, 2006. The grand jury indicted Hamberlin as a habitual offender based on his prior 1995 and 2001 convictions.

[¶5] On February 7, 2007, Hamberlin pleaded guilty to the reduced charges of possession of a controlled substance. The circuit court ...


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