OF JUDGMENT: 03/09/2018
COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III TRIAL JUDGE:
ATTORNEY FOR APPELLANT: LANESHA L. SIMS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE
CARLTON, P.J., LAWRENCE AND C. WILSON, JJ.
Joshua Allen appeals the circuit court's denial of his
motion for post-conviction collateral relief (PCR). We find
the circuit court lacked jurisdiction to hear the motion, and
as a result, we vacate the judgment and dismiss Allen's
In March 2015, Allen was convicted of one count of armed
robbery and one count of conspiracy to commit armed robbery.
Allen v. State, 200 So.3d 1100, 1101 (¶1)
(Miss. Ct. App. 2016). The Rankin County Circuit Court
sentenced Allen to thirty-five years for the armed robbery
conviction and five years for the conspiracy conviction, to
be served concurrently in the custody of the Mississippi
Department of Corrections. Id.
Allen subsequently appealed his conviction and sentence to
the Mississippi Supreme Court. Id. On September 20,
2016, this Court affirmed Allen's convictions and
sentences. Id. at 1102 (¶4).
On June 21, 2017, Allen filed a motion for PCR and requested
a new trial. In support of his motion, Allen relied on an
affidavit that his former co-defendant prepared and in which
the co-defendant claimed that she falsely testified against
Allen at his trial. The circuit court held an evidentiary
hearing during which the co-defendant testified. Following
the evidentiary hearing, the circuit court found Allen's
motion for PCR was not well taken and denied the motion.
Allen timely appealed, and the State subsequently filed a
motion to dismiss the appeal for a lack of jurisdiction.
We apply a de novo standard of review to questions
of law, legal conclusions, and jurisdictional questions.
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