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Sanders v. State

Court of Appeals of Mississippi

July 28, 2015

BOBBY C. SANDERS JR. A/K/A BOBBY C., SANDERS A/K/A BOBBY SANDERS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 08/11/2014.

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III. TRIAL COURT DISPOSITION: DISMISSED MOTION FOR POST-CONVICTION RELIEF.

BOBBY C. SANDERS JR., APPELLANT, Pro se.

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

BEFORE LEE, C.J., ISHEE AND CARLTON, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. WILSON, J., NOT PARTICIPATING.

OPINION

Page 1208

LEE, C.J.

PROCEDURAL HISTORY

[¶1] On February 27, 2002, Bobby C. Sanders Jr. pleaded guilty to armed robbery. He was sentenced to forty years, with five years suspended and thirty-five years to serve in the custody of the Mississippi Department of Corrections.

[¶2] On August 8, 2014, Sanders filed a motion entitled " petition for writ of habeas corpus [and] motion to vacate conviction and sentence." Treating this as a petition for postconviction relief (PCR), the trial court dismissed Sanders's petition finding it was time barred pursuant to Mississippi Code Annotated section 99-39-5(2) (Supp. 2014). The trial court also found no exceptions to the time-bar existed.

[¶3] Sanders appeals, asserting the time-bar was inapplicable, and the trial court should have conducted an evidentiary hearing.

STANDARD OF REVIEW

[¶4] When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hughes v. ...


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