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Campbell v. State

Court of Appeals of Mississippi

June 6, 2017

BOBBY CAMPBELL A/K/A BOBBY JOE CAMPBELL A/K/A BOBBY RAY CAMPBELL A/K/A BOBBY RAY DOTSON A/K/A WILLIE DOTSON A/K/A ROBERT JACKUE CAMPBELL, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

          DATE OF JUDGMENT: 07/19/2016

         JONES COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. WAYMAN DAL WILLIAMSON TRIAL JUDGE

          ATTORNEY FOR APPELLANT: BOBBY CAMPBELL (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE

          BEFORE LEE, C.J., ISHEE AND GREENLEE, JJ.

          GREENLEE, J.

         ¶1. This is an appeal from the Jones County Circuit Court's denial of Bobby Campbell's motion for post-conviction relief (PCR) as time-barred by the three-year statute of limitations, with no applicable exception. Finding no error, we affirm.

         FACTS AND PROCEEDINGS BELOW

         ¶2. Campbell pleaded guilty to aggravated assault on April 21, 2011. He was sentenced to twelve years in the custody of the Mississippi Department of Corrections, with four years suspended and eight years to serve, followed by four years of post-release supervision. On June 28, 2016, he moved for PCR alleging that (1) his indictment was defective, (2) his indictment was improperly amended, (3) he did not get the sentence his counsel said he might get, and (4) he was sentenced for his prior convictions on the same day. On July 19, 2016, the circuit court denied Campbell's motion for PCR as time-barred by the three-year statute of limitations, with no exception applicable. On July 26, 2016, Campbell appealed the circuit court's denial of his motion to this Court.

         DISCUSSION

         ¶3. A circuit court's denial of a PCR motion is reviewed for abuse of discretion and will not be disturbed unless the circuit court's decision was clearly erroneous. Crosby v. State, 16 So.3d 74, 77 (¶5) (Miss. Ct. App. 2009).

         ¶4. On appeal, Campbell reasserts that (1) his indictment was defective, (2) his indictment was improperly amended, (3) he did not get the sentence his counsel said he might get, and (4) he was sentenced for his prior convictions on the same day.[1]

         Time-Bar

         ¶5. The Uniform Post-Conviction Collateral Relief Act contains a three-year statute of limitations, running from the entry of the judgment of conviction in the event of a guilty plea. Miss. Code Ann. § 99-39-5(2) (Rev. 2015). Campbell's motion was filed well after the three years had run. It is therefore time-barred. The statute expresses several exceptions to the time-bar. See id. at § 99-39-5(2)(a)-(b). When a time-barred PCR motion is filed, "the burden falls on the movant to show he has met a statutory exception." White v. ...


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