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
STATE OF MISSISSIPPI, APPELLEE
OF JUDGMENT: 07/19/2016
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
LEE, C.J., ISHEE AND GREENLEE, JJ.
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,
AND PROCEEDINGS BELOW
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
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).
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
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. ...