JEROME VAN JR. A/K/A JEROME VAN APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 05/31/2017
MADISON COUNTY CIRCUIT COURTHON. JOHN HUEY EMFINGER JUDGE
ATTORNEY FOR APPELLANT: JEROME VAN JR. (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LAURA HOGAN TEDDER
IRVING, P.J., CARLTON AND GREENLEE, JJ.
The Madison County Circuit Court dismissed Jerome Van's
third motion for post- conviction relief (PCR). Van appeals.
He asserts that: (1) he received ineffective assistance of
counsel; and (2) his fundamental right to be free from an
unlawful sentence was violated. We affirm the circuit
court's order and find the PCR motion was properly
AND PROCEDURAL HISTORY
A grand jury indicted Van for armed carjacking, armed
robbery, kidnapping, felony evasion, possession of a stolen
firearm, and conspiracy to commit armed robbery. Van avoided
jury trial and pled guilty to armed carjacking, armed
robbery, and kidnapping. The Madison County Circuit Court
sentenced him to concurrent terms of thirty years for armed
carjacking, fifty years with twenty suspended for armed
robbery, and thirty years for kidnapping in the custody of
the Mississippi Department of Corrections. The judgment of
conviction was entered in August 2012.
Van began his successive PCR motions shortly after. He filed
his first in October 2013. The circuit court denied it. He
filed his second in September 2015. Again, the circuit court
denied it. This is his third, which he filed in April 2017.
The circuit court dismissed this PCR as well. In his appeal,
Van claims that procedural bars do not apply because: (1) he
received ineffective assistance of counsel; and (2) his
fundamental right to be free from an unlawful sentence has
been violated. We affirm the circuit court's dismissal of
We reverse PCR dismissals only if we find the decision
"clearly erroneous." Duncan v.
State, 226 So.3d 127, 129 (¶7) (Miss. Ct. App.
2017), cert. dismissed, 246 So.3d 68 (Miss. 2018).
But when the appellant raises issues of law, we review those
issues de novo. Stokes v. State, 199 So.3d 745, 748
(¶7) (Miss. Ct. App. 2016), reh'g denied
(Sept. 13, 2016). The Mississippi Code states that "[i]f
it plainly appears from the face of the motion, any annexed
exhibits and the prior proceedings in the case that the
movant is not entitled to any relief, the judge may make an
order for its dismissal and cause the petitioner to be
notified." Miss. Code Ann. § 99-39-11(2) (Rev.
2015). "This Court will affirm the summary dismissal of
a PCR motion if the movant fails to demonstrate a claim
procedurally alive substantially showing the denial of a
state or federal right." Stokes, 199 So.3d at
748 (¶7) (quoting Dickens v. State, 119 So.3d
1141, 1143-44 (¶6) (Miss. Ct. App. 2013)).
Under the Uniform Post-Conviction Collateral Relief Act
(UPCCRA)-codified in title 99, chapter 39 of our State code-a
PCR motion is timely only if filed within three years after
entry of the judgment of conviction. Smith v. State,
118 So.3d 180, 182 (¶7) (Miss. Ct. App. 2013) (citing
Watts v. State, 97 So.3d 722, 725 (¶7) (Miss.
Ct. App. 2012)). The entry of the judgment of conviction was
filed in August ...