OF JUDGMENT: 03/21/2017
COUNTY CIRCUIT COURT HON. VERNON R. COTTEN JUDGE
ATTORNEY FOR APPELLANT: JERRY REVETTE (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KATY TAYLOR GERBER
LEE, C.J., WILSON AND WESTBROOKS, JJ.
Jerry Revette, appearing pro se, appeals the judgment of the
Circuit Court of Scott County denying his motion for
postconviction relief (PCR). Finding no error, we affirm.
AND PROCEDURAL HISTORY
In July 1987, Revette was indicted for three counts of rape
and two counts of sexual battery/gratification of lust.
Revette pleaded guilty to one count of rape and one count of
sexual battery/gratification of lust and was sentenced to
life plus ten years, to run consecutively. On March 17, 2017,
thirty years after the original plea, Revette filed a PCR
motion, arguing that his sentence was illegal. On March 23,
2017, the circuit court summarily denied Revette's PCR
motion on the grounds that it was time-barred and without
merit. Aggrieved, Revette now appeals. On appeal, Revette
argues that his sentence is illegal and challenges the
circuit judge's authority to impose a life sentence
following a guilty plea.
"This Court will not disturb a trial court's factual
findings on a dismissal of a motion for postconviction relief
unless they are found to be clearly erroneous."
Edmondson v. State, 17 So.3d 591, 594 (¶5)
(Miss. Ct. App. 2009) (internal quotation omitted).
Revette's PCR motion is time-barred.
Revette filed his PCR motion on March 17, 2017, approximately
thirty years after he pled guilty to rape and sexual
battery/gratification of lust. Under the Uniform
Postconviction Collateral Relief Act, a PCR motion shall be
made within three years after entry of the judgment of
conviction. Miss. Code Ann. § 99-39-5(2) (Rev. 2009).
"That being said, there is an exception to the
procedural bars for errors affecting the movant's
fundamental constitutional rights." Bosarge v.
State, 141 So.3d 24, 26 (¶7) (Miss. Ct. App. 2014)
(citing Rowland v. State, 42 So.3d 503, 506-08
(Miss. 2010)). "The right to be free from an ...