ROBERT A. MAXWELL A/K/A ROBERT MAXWELL A/K/A ROBERT ANTHONY MAXWELL APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 10/29/2008
COUNTY CIRCUIT COURT, HON. DAVID H. STRONG JR.
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
GEORGE T. HOLMES ERIN E. PRIDGEN.
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JOSEPH SCOTT HEMLEBEN JASON L. DAVIS.
DISTRICT ATTORNEY: DEWITT T. BATES JR.
GRIFFIS, P.J., BARNES AND CARLTON, JJ.
Robert A. Maxwell is before this Court on a petition for
post-conviction collateral relief (PCCR) where he requested
and was granted an out-of-time appeal. The circuit court
granted the PCCR motion and allowed Maxwell leave to file an
out-of-time appeal. We consider his direct appeal and find no
reversible error as to his conviction and sentence.
AND PROCEDURAL HISTORY
Maxwell was indicted in Lincoln County on the charge of
capital murder. The indictment was subsequently amended to
charge Maxwell with murder.
On October 29, 2008, Maxwell was found guilty of the
lesser-included offense of manslaughter. Following his
conviction, but before sentencing, the State of Mississippi
moved to amend the indictment to charge Maxwell as a habitual
offender pursuant to Mississippi Code Annotated section
99-19-81 (Rev. 2015). The circuit court granted the motion
and sentenced Maxwell to twenty years in the custody of the
Mississippi Department of Corrections, to be served day for
day pursuant to section 99-19-81.
Two years later, on October 19, 2010, Maxwell filed a pro se
notice of appeal. The clerk issued a show-cause notice, which
required Maxwell to show cause as to why the appeal
"should not be dismissed as untimely filed, for failing
to comply with the rules of this court." On November 16,
2010, Maxwell's appeal was dismissed as untimely, and the
mandate was issued December 8, 2010.
On February 25, 2015, Maxwell filed an Application for Leave
to Proceed in the Trial Court. Maxwell v. State,
2015-M-00302. Maxwell asked the Mississippi Supreme Court to
allow him to proceed under the Mississippi Uniform
Post-Conviction Collateral Relief Act (UPCCRA). Miss. Code
Ann. §§ 99-39-1 to -29 (Rev. 2015). On April 1,
2015, the supreme court entered an order that stated:
"After due consideration, we find that Maxwell's
application should be dismissed without prejudice to be filed
in the trial court." Maxwell v. State,
2015-M-00302 (citing Martin v. State, 556 So.2d 357,
358-60 (Miss. 1990)). In Martin, the supreme court
Under this section [(99-39-7)], and [section] 99-39-25, there
are only two instances in which this Court can entertain a
post-conviction motion. One is where the matter is presented
originally to the trial court and thereafter appealed to this
Court pursuant to [section] 99-39-25. The other is where the
prisoner is required to first seek leave of this ...