Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Simmons v. State

Court of Appeals of Mississippi

May 23, 2017

SHARONE SIMMONS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/29/2016

         LAFAYETTE COUNTY CIRCUIT COURT HON. ANDREW K. HOWORTH COURT TRIAL JUDGE

          ATTORNEY FOR APPELLANT: SHARONE SIMMONS (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY

          BEFORE GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.

          CARLTON, J.

         ¶ 1. On January 8, 2010, the Lafayette County Circuit Court sentenced Sharone Simmons to ten years in the custody of the Mississippi Department of Corrections (MDOC), with eight years suspended and three years of postrelease supervision (PRS), for uttering a forgery in violation of Mississippi Code Annotated section 97-21-59 (Rev. 2006). The trial court later revoked Simmons's PRS and imposed his previously suspended eight-year sentence after finding that Simmons committed a new crime in violation of his PRS. Simmons filed his current motion for postconviction relief (PCR) on April 19, 2016. The trial court denied Simmons's PCR motion as time-barred. Notwithstanding the time-bar, the trial court also found that Simmons's motion lacked merit.[1] Aggrieved, Simmons timely appeals.

         ¶ 2. On appeal, Simmons argues: (1) the trial court unlawfully revoked his PRS; (2) newly discovered evidence entitles him to relief; (3) his right against double jeopardy was violated; (4) his indictment was defective; and (5) his right to a speedy trial was violated.

         ¶ 3. Finding no error in the trial court's denial of Simmons's PCR motion as time-barred, we affirm.

         FACTS

         ¶ 4. On January 8, 2010, the trial court sentenced Simmons to ten years inMDOC's custody, with eight years suspended and three years of PRS, for uttering a forgery in violation of section 97-21-59. On October 17, 2011, Simmons entered an initial appearance for the sale of cocaine in violation of Mississippi Code Annotated section 41-29-139 (Rev. 2009). By its December 16, 2011 order, the trial court revoked Simmons's PRS and imposed his previously suspended eight-year sentence because the trial court found that Simmons committed a "new felony crime-sale of cocaine" and was "a[] habitual offender."

         ¶ 5. On June 14, 2012, a grand jury indicted Simmons for the sale of a controlled substance in violation of section 41-29-139(a)(1). Pursuant to a negotiated plea agreement, Simmons signed a plea petition on July 9, 2014. The plea petition stated that Simmons, who was under oath, pled guilty to the sale of a controlled substance in exchange for the district attorney's recommendation of a one-year sentence. The one-year sentence was to run consecutively to Simmons's eight-year sentence for his 2010 conviction (uttering a forgery). In its July 9, 2014 judgment, the trial court accepted Simmons's guilty plea and sentenced him according to the district attorney's recommendation.

         ¶ 6. On April 19, 2016, Simmons filed his current PCR motion to attack the validity of his 2010 conviction for uttering a forgery. Because Simmons filed the motion six years after his January 8, 2010 sentencing, the trial court denied the motion as time-barred. Notwithstanding the time-bar, the trial court found Simmons's motion lacked merit. Aggrieved, Simmons appeals.

         STANDARD ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.