OF JUDGMENT: 02/01/2018
COUNTY CIRCUIT COURT HON. THOMAS J. GARDNER III JUDGE.
ATTORNEY FOR APPELLANT: JAMES H. POWELL III
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JEFFREY A. KLINGFUSS
CARLTON, P.J., GREENLEE AND McCARTY, JJ.
Undra Pulliam appeals the Lee County Circuit Court's
denial of his post-conviction petition for an out-of-time
appeal. Because the circuit court did not consider the
relevant portions of the Uniform Post-Conviction Collateral
Relief Act, we reverse and remand for proceedings consistent
with this opinion.
AND PROCEDURAL HISTORY
In February 2015, Pulliam was indicted for the sale,
transfer, or distribution of more than 2 grams but less than
10 grams of crack cocaine to a confidential informant in
violation of Mississippi Code Annotated section 41-29-139
(Rev. 2013). In August 2016, the indictment was amended to
charge Pulliam with being a non-violent habitual offender
under Mississippi Code Annotated section 99-19-81 (Rev.
After a jury trial, Pulliam was found guilty as charged, and
the trial court sentenced him, as a habitual offender, to
serve twenty years in the custody of the Mississippi
Department of Corrections (MDOC). The trial court entered its
judgment and sentence on August 24, 2016.
On September 19, 2017, Pulliam filed a post-conviction
petition for an out-of-time appeal. In the petition, Pulliam
stated that he was never notified of his right to
court-appointed appellate counsel, his right to appeal his
conviction, or the time limits for filing an appeal. In
support of his claims, Pulliam attached a letter from his
trial attorney, dated September 12, 2016, to his petition.
In the letter, Pulliam's attorney informed him that he
had been convicted of sale of more than 2 grams but less than
10 grams of crack cocaine. Pulliam's attorney also
informed him that he was sentenced, as a habitual offender,
to serve twenty years in the custody of the MDOC. His
attorney concluded the letter by stating: "Your file is
now closed in our office today. I wish you well." The
letter indicates that Pulliam's sentencing order was
enclosed. The record does not reflect that Pulliam's
attorney filed a motion to withdraw from
On February 1, 2018, the circuit court entered an order
denying Pulliam's petition without a hearing. On appeal,
Pulliam claims that had the trial court granted his petition
for an out-of-time appeal, he would have been able to
demonstrate that the amendment to his indictment was
untimely, his right to confrontation was violated, and that
he received ineffective assistance of counsel.