Jones v. State
119 So. 3d 350
Miss. Ct. App.2012Background
- Jones pled guilty on June 28–29, 2004 to two counts of sexual battery and received two consecutive 20-year sentences (total 40 years) under MDOC supervision.
- Direct appeal was dismissed for failure to pay costs and the mandate issued.
- A prior PCR motion filed December 29, 2004 was denied January 20, 2005; affirmed in Jones v. State, 962 So.2d 571 (¶ 10) (Miss.Ct.App.2006).
- On April 11, 2011 Jones filed the PCR motion at issue; the circuit court dismissed August 1, 2011 as time-barred and successive and lacking jurisdiction without Supreme Court leave.
- Mississippi law imposes a three-year time-bar for PCR motions (§ 99-39-5(2)) with limited exceptions; none apply here.
- The court considered whether errors affecting fundamental rights toll the time-bar, and concluded they do not toll in this context.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCR movant’s claim of an illegal sentence survived the time-bar. | Jones (Jones) argues the illegal-sentence exception applies. | Jones asserts the sentence was illegal, triggering exception. | No; sentence within statutory limits, thus not illegal. |
| Whether failure to object at plea hearing about mental examination tolls the statute of limitations. | Jones argues mental-health examination issue tolled the limit. | No tolling; prior opinions upheld voluntariness of guilty plea. | No tolling; rule-based timing not affected. |
| Whether the PCR motion was properly deemed successive and time-barred. | Jones contends exceptions or prior rulings permit review. | Court correctly applied time-bar and successiveness. | Correct; barred as successive and time-barred. |
| Whether the court lacked jurisdiction due to failure to obtain Supreme Court permission. | Jones contends lack of permission should be overlookable. | Permission from Supreme Court is jurisdictional; not obtained. | Jurisdictional bar; circuit court lacked authority. |
Key Cases Cited
- Ivy v. State, 731 So.2d 601 (Miss. 1999) (fundamental-rights tolling not addressed here)
- House v. State, 754 So.2d 1147 (Miss. 1999) (tolls based on mental incompetence not applicable)
- Jones v. State, 962 So.2d 571 (Miss. Ct. App. 2006) (previous PCR affirmance; voluntariness of plea upheld)
- Cortez v. State, 9 So.3d 445 (Miss. Ct. App. 2009) (permission to seek PCR after direct appeal is jurisdictional)
- Doss v. State, 757 So.2d 1016 (Miss. Ct. App. 2000) (jurisdictional requirement for PCR relief)
- Cox v. State, 793 So.2d 591 (Miss. 2001) (test for mental examination discretion of trial court)
- Alexander v. State, 879 So.2d 512 (Miss. Ct. App. 2004) (discussion of illegal sentence standard)
- Brown v. State, 923 So.2d 258 (Miss. Ct. App. 2006) (illegal-sentence right is fundamental)