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Patrickson v. State

Court of Appeals of Mississippi

January 9, 2018

JACK PATRICKSON A/K/A JACK B. PATRICKSON A/K/A JACK BENJAMINE PARTRICKSON A/K/A PATRICKSON BENJAMINE JACK A/K/A PATRICKSON JACK A/K/A PATRICKSON B. JACK APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/20/2016

         RANKIN COUNTY CIRCUIT COURT HON. JOHN HUEY EMFINGER TRIAL JUDGE

          ATTORNEY FOR APPELLANT: JACK PATRICKSON (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON

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

          LEE, C.J.

         ¶1. In this appeal, we must determine whether the trial court properly denied Jack Patrickson's request for an out-of-time appeal via a motion for postconviction relief (PCR) as time-barred. Finding no error, we affirm.

         PROCEDURAL HISTORY

         ¶2. On January 18, 2012, a jury in the Rankin County Circuit Court found Patrickson guilty of sexual battery. On January 26, 2012, the trial court sentenced Patrickson to thirty years, with ten years suspended and twenty years to serve in the custody of the Mississippi Department of Corrections, and five years of supervised probation. Patrickson was also required to register as a sex offender upon his release from incarceration.

         ¶3. Patrickson did not file a direct appeal. In July 2014, Patrickson filed a motion requesting the record and trial transcript from his case, but the trial court denied the motion. Over the next two years, Patrickson filed three more motions-one regarding his parole eligibility, one requesting the appointment of appellate counsel, and the other for reconsideration of his sentence-but all were denied. On September 29, 2016, Patrickson filed a motion for an out-of-time appeal. He also requested a copy of the trial transcript and appointment of appellate counsel. Treating this as a PCR motion, the trial court denied it for two reasons-the three-year time-bar under Mississippi Code Annotated section 99-39-5(2) (Rev. 2015) and Patrickson's lack of sufficient explanation for the delay in filing a direct appeal.

         ¶4. Patrickson now appeals, asserting the following issues: (1) he is entitled to an out-of- time appeal; (2) his trial counsel was ineffective; and (3) he is entitled to appellate counsel due to his indigent status.

         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 ...


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