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Allen v. State

Court of Appeals of Mississippi

June 11, 2019

JOSHUA ALLEN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 03/09/2018

          RANKIN 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.

          C. WILSON, J.

         ¶1. 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 PCR motion.

         FACTS

         ¶2. 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.

         ¶3. 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).

         ¶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.

         STANDARD OF REVIEW

         ¶5. We apply a de novo standard of review to questions of law, legal conclusions, and jurisdictional questions. Aladdin Constr. Co. v. John Hancock Life ...


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