BOBBY C. SANDERS JR. A/K/A BOBBY C., SANDERS A/K/A BOBBY SANDERS, APPELLANT
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.
[¶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. ...