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.

Sims v. State

Court of Appeals of Mississippi

September 12, 2017

JOHNNY RAY SIMS A/K/A JOHNNY R. SIMS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/07/2016

         COURT FROM WHICH APPEALED: MARION COUNTY CIRCUIT COURT HON. PRENTISS GREENE HARRELL TRIAL JUDGE

          ATTORNEY FOR APPELLANT: JOHNNY RAY SIMS (PRO SE).

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD.

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

          LEE, C.J.

         ¶1. This appeal concerns whether the trial court properly dismissed Johnny Ray Sims's third motion for postconviction relief (PCR). Finding no error, we affirm.

         PROCEDURAL HISTORY

         ¶2. In 2005, Sims pleaded guilty to one count of aggravated assault. The charge resulted from a car chase in which Sims, fleeing the police with his girlfriend, struck two other cars. Sims was initially charged with three counts of aggravated assault-Counts I and III involved the car-accident victims, and Count II involved Sims's girlfriend. The State dismissed Counts I and II. He was sentenced to twenty years, with one year and two months to serve and the remainder on postrelease supervision. Sims was also ordered to pay restitution to the two victims of the car accidents. In 2006, Sims's postrelease supervision was revoked after he was charged with capital murder.[1]

         ¶3. Sims filed his first PCR motion in 2007, which the trial court summarily denied. Sims filed his second PCR motion in 2008, raising several issues, one of which was that ordering him to pay restitution to the victim in Count I resulted in an illegal sentence. The trial court dismissed Sims's PCR motion, finding it was subject to the time bar and successive-writ bar as well as without merit. See Miss. Code Ann. § 99-39-5(2) (Rev. 2015) (time-bar); Miss. Code Ann. § 99-39-23(6) (Rev. 2015) (successive-writ bar). This Court affirmed in Sims v. State, 134 So.3d 317, 326 (¶44) (Miss. Ct. App. 2013) (Sims I). The Mississippi Supreme Court granted certiorari and affirmed. Sims v. State, 134 So.3d 300, 302 (¶1) (Miss. 2014) (Sims II).

         ¶4. Sims filed his third PCR motion in February 2016, arguing one of the same issues raised in his second PCR motion and ruled upon in Sims I and Sims II-that his sentence was illegal because he was ordered to pay restitution to the victim in Count I, even though that count was dismissed. The trial court dismissed Sims's motion, finding that Sims's PCR motion was a successive writ and without merit. Sims now appeals, asserting that the trial court erred in dismissing his PCR motion.

         STANDARD OF REVIEW

         ¶5. 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 ...


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.