Ricky Moore v. State of Mississippi
152 So. 3d 1208
| Miss. Ct. App. | 2014Background
- Moore was indicted in March 2009 for armed carjacking, kidnapping, and possession of a firearm by a convicted felon, later amended to habitual-offender status.
- Moore pled guilty on November 10, 2009 to armed carjacking and possession of a firearm by a convicted felon as part of a plea deal; kidnapping and habitual-offender claims were dropped.
- Sentence imposed: 30 years for armed carjacking with 27 to serve and 3 years post-release supervision; 10 years for felon-in-possession, consecutive to the carjacking sentence.
- Moore alleged in October 2013 that the court failed to specify he must serve the entire term and that he was rendered parole-ineligible.
- Circuit court summarily dismissed the PCR as untimely; Moore appealed.
- Issue on appeal: whether the sentence is illegal and whether Moore was misled about parole eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the PCR untimely? | Moore | State | Untimely; affirmed. |
| Is the sentence illegal due to parole ineligibility? | Moore | State | Not illegal; parole ineligibility statute applies. |
| Was Moore misled about parole eligibility in guilty plea? | Moore | State | No mislead; record shows no promise of parole. |
| Does Sneed exception apply to permit tolling despite untimeliness? | Moore | State | Not applicable; sentence not illegal, so exception not triggered. |
Key Cases Cited
- Wardley v. State, 37 So. 3d 1222 (Miss. Ct. App. 2010) (PCR dismissal standard of review)
- White v. State, 59 So. 3d 633 (Miss. Ct. App. 2011) (summary dismissal standard under §99-39-11(2))
- Sneed v. State, 722 So. 2d 1255 (Miss. 1998) (fundamental right to be free from illegal sentences)