Raymond Scott Alexander v. State of Mississippi
228 So. 3d 338
| Miss. Ct. App. | 2017Background
- In 2004 Alexander pleaded guilty to possession of methamphetamine and was placed in a nonadjudication program; after violations he was sentenced to eight years (one year suspended) in MDOC custody.
- In 2005 he pleaded guilty to gratification of lust and sexual battery and received concurrent sentences that run consecutively to the 2004 drug sentence; he is now serving the sex-offense sentences.
- Alexander filed a petition in June 2016 seeking immediate release (treated as a PCR), which the circuit court denied as time-barred and meritless.
- He filed a second PCR in September 2016; the circuit court dismissed it as time-barred, successive, and without merit.
- Alexander contended his sentence for the 2004 possession conviction was illegal, that he was entitled to earned-time or credit for time served, and that procedural bars should not apply to his claims.
- The Court of Appeals affirmed, holding the PCR was time-barred and successive; the alleged sentencing errors were not illegal under the controlling law and his early-release/credit claims were meritless or procedurally defective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCR | Alexander argued his claims merited review despite delay | State argued PCR filed well beyond three-year limit for guilty-plea challenges | Court: PCR time-barred under §99-39-5(2) and precedent |
| Successive-writ bar | Alexander contended exceptions apply (illegal sentence) | State: prior dismissal bars successive PCRs under §99-39-23(6) | Court: successive; prior dismissal bars second petition |
| Illegal sentence (possession) | Alexander argued his 2004 eight-year sentence was illegal or habitual-offender enhancement was improper | State: sentence was authorized by statute in effect at 2004 sentencing and within statutory maximum | Court: sentence lawful under pre-2014 statute; not illegal |
| Earned-time / credit for time served | Alexander claimed entitlement to earned time and credit for pretrial time | State: sex convictions bar earned-time; credit calculation is administrative, not via PCR | Court: not eligible for earned time; credit claims must be pursued administratively; lack of standing for possession sentence already served |
Key Cases Cited
- Jackson v. State, 178 So. 3d 807 (Miss. Ct. App.) (standard of review for PCR denials)
- Kennedy v. State, 179 So. 3d 82 (Miss. Ct. App.) (three-year filing rule for PCR after guilty plea)
- Stokes v. State, 199 So. 3d 745 (Miss. Ct. App.) (successive PCR dismissal under Uniform Post-Conviction Collateral Relief Act)
- Boyd v. State, 155 So. 3d 914 (Miss. Ct. App.) (listing fundamental-right exceptions that survive procedural bars)
- Barnett-Phillips v. State, 195 So. 3d 226 (Miss. Ct. App.) (statute in effect at time of sentencing governs penalty)
- McDonald v. State, 16 So. 3d 83 (Miss. Ct. App.) (PCR is not proper vehicle to obtain administrative credit for time served)
- Brown v. State, 187 So. 3d 667 (Miss. Ct. App.) (sex convictions bar earned-time allowance)
- Wilson v. State, 76 So. 3d 733 (Miss. Ct. App.) (standing requires serving time under the sentence being challenged)