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Revette v. State

Court of Appeals of Mississippi

December 5, 2017

JERRY REVETTE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 03/21/2017

         SCOTT 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

          BEFORE LEE, C.J., WILSON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         STANDARD OF REVIEW

         ¶3. "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).

         DISCUSSION

         Whether Revette's PCR motion is time-barred.

         ¶4. 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 ...


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