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Tomlin v. State

Court of Appeals of Mississippi

September 4, 2018

DOUGLAS LEE TOMLIN A/K/A DOUGLAS TOMLIN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 11/09/2016

          JACKSON COUNTY CIRCUIT COURT, HON. KATHY KING JACKSON JUDGE.

          ATTORNEY FOR APPELLANT: DOUGLAS LEE TOMLIN (PRO SE).

          ATTORNEY FOR APPELLEE: ABBIE EASON KOONCE.

          BEFORE IRVING, P.J., WILSON AND TINDELL, JJ.

          IRVING, P.J.

         ¶1. Douglas Lee Tomlin appeals the dismissal of his motion for post-conviction relief (PCR) by the Circuit Court of Jackson County. Because we find that his PCR motion was untimely, we affirm its dismissal.

         FACTS

         ¶2. Tomlin was indicted on June 14, 2007, by a Jackson County grand jury for one count of capital murder and one count of possession of a weapon by a convicted felon. Pursuant to a plea agreement, the State agreed to nolle prosequi the latter charge, and Tomlin agreed to plead guilty to capital murder. During the plea hearing, conducted by the circuit court on November 2, 2007, Tomlin stated that no one had promised him anything in exchange for his guilty plea, and that no one had threatened him to plead guilty. Additionally, the following conversation took place:

COURT: All right. Mr. Tomlin, do you understand that charge of capital murder?
TOMLIN: Yes, ma'am.
COURT: Is that the charge you're now attempting to plead guilty to?
TOMLIN: Yes, ma'am.
COURT: What do you understand is the most you can get for ...

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