126 So. 3d 61
Miss. Ct. App.2013Background
- Campbell, pro se, appeals the Jones County Circuit Court’s denial of his motion to reconsider a dismissal of his PCR petition.
- Campbell was indicted in 2010 for aggravated assault and later pleaded guilty as a habitual offender in 2011 after a dismissal and amendments to indictments.
- The State amended Campbell’s indictment to reflect habitual-offender status under Miss. Code Ann. § 99-19-81; two prior felony sentencing orders were attached to the motion to amend.
- At a 2011 plea, the court sentenced Campbell to twelve years as a habitual offender, with eight to serve and the remainder suspended after four years of post-release supervision.
- Campbell filed a PCR petition on November 15, 2011, alleging defects in the indictment, lack of a preliminary hearing, illegal sentence, and other related issues; the petition was dismissed.
- Campbell filed a Rule 60(b) motion to reconsider; the trial court denied it on December 7, 2011; Campbell appealed January 9, 2012, arguing the underlying PCR issues and improper sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal properly before the court? | Campbell seeks review under Rule 60(b). | Rule 60(b) appeal does not bring up the underlying judgment for review. | Jurisdiction sustained under Rule 2(c) suspension; appeal accepted. |
| Is the notice of appeal timely? | Notice dated Jan 4, 2012; stamped Jan 9, 2012, within time if mailbox rule applied. | Notice was one day late under 30-day requirement. | Rule 2(c) suspension applied; this Court has jurisdiction. |
| Whether the trial court abused in denying Rule 60(b) relief? | Relief warranted by errors raised in PCR petition and sentencing issues. | No exceptional circumstances; arguments reiterate PCR claims not within Rule 60(b) provisions. | No abuse of discretion; denial affirmed. |
| Whether the appeal should reach merits of underlying PCR petition? | Indictment defects and sentencing challenges should be reviewable. | Rule 60(b) appeal does not reach underlying PCR petition merits. | Merits not reached; affirmation based on Rule 60(b) ruling. |
Key Cases Cited
- Sims v. State, 102 So.3d 1227 (Miss. Ct. App. 2012) (Rule 60(b) relief does not bring up underlying judgment for review)
- Bruce v. Bruce, 587 So.2d 898 (Miss. 1991) (timing and scope of appellate review)
- Cook v. State, 921 So.2d 1282 (Miss. Ct. App. 2006) (limits on reviewing denial of initial PCR petition)
- Sykes v. State, 757 So.2d 997 (Miss. 2000) (prison mailbox rule for pro se PCR petitions)
- Perkins v. Perkins, 787 So.2d 1256 (Miss. 2001) (Rule 60(b) standards and relief standards)
- King v. King, 556 So.2d 716 (Miss. 1990) (extraordinary relief standards under Rule 60(b))