Dickens v. State
119 So. 3d 1141
Miss. Ct. App.2013Background
- Dickens pled guilty June 3, 2008 to sexual battery in Itawamba County; sentence was thirty years with fifteen to serve, fifteen suspended, and five years PRS.
- PCR filed March 20, 2012—challenging voluntariness of plea and legality of sentence.
- Circuit court summarily dismissed April 16, 2012 for time-bar and held only illegal-sentence claim could survive.
- On appeal, Dickens contends error in timing, requests evidentiary hearings, and seeks to introduce attorney-hiring evidence.
- Court holds motion time-barred under §99-39-5(2) except for the illegal-sentence claim, which is addressed.
- Court concludes Dickens’s total sentence complies with statutory maximum under Triste v. State, so no relief is due.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCR was timely filed. | Dickens contends not time-barred. | State asserts strict three-year bar with exceptions. | Time-bar applies; petition untimely. |
| Whether an evidentiary hearing was required. | Dickens seeks an evidentiary hearing. | No hearing necessary due to time-bar. | No error; summary dismissal upheld. |
| Whether an out-of-time PCR should be allowed for an evidentiary hearing. | Requests out-of-time consideration. | Rests on timeliness; no exception. | Not justified; out-of-time petition not allowed. |
| Whether Dickens could introduce evidence that his attorney was hired for PCR. | Argues right to submit attorney-hiring evidence. | Not material to relief. | Not a basis for relief; upheld dismissal. |
Key Cases Cited
- Desemar v. State, 99 So.3d 279 (Miss. Ct. App. 2012) (illegal-sentence right tolled time bar; fundamental right)
- Triste v. State, 77 So.3d 116 (Miss. Ct. App. 2011) (PRS within total sentence for stat. max; no excess)
- Hughes v. State, 106 So.3d 836 (Miss. Ct. App. 2012) (constitutional-rights claims do not alone overcome bar)
- White v. State, 59 So.3d 633 (Miss. Ct. App. 2011) (claims of constitutional violations insufficient without alive issue)
- Robinson v. State, 19 So.3d 140 (Miss. Ct. App. 2009) (standard for affirming summary dismissal of PCR)