200 So. 3d 491
Miss. Ct. App.2016Background
- Rita Wood pleaded guilty in 2010 to two drug-related counts (possession of methamphetamine precursors and sale of methamphetamine) from two indictments; the remaining counts were retired to the files.
- For each conviction she received 12 years in MDOC to be served consecutively, plus five years post-release supervision and a $5,000 fine per count.
- On February 24, 2015 Wood filed a motion labeled "Motion for Consideration," treated by the trial court as a petition for post-conviction collateral relief (PCCR), asking for parole, house arrest for the remainder of her sentence, or that her sentences run concurrently.
- The trial court dismissed the petition; Wood appealed the dismissal to the Mississippi Court of Appeals.
- The State argued Wood’s petition was time-barred under the three-year filing rule for PCCR motions; Wood did not assert any statutory or equitable exceptions to the time-bar in her petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wood’s PCCR petition is time-barred | Wood sought resentencing/relief in 2015 | The State argued the three-year statutory filing period bars the petition | Petition is time-barred; dismissed |
| Whether any exception to the time-bar applies | Wood did not assert new evidence, intervening law, expired sentence, or constitutional error | State maintained no exception was shown | No exception shown; time-bar stands |
| Whether appellate review is barred for issues not raised below | Wood raised parole request on appeal | State noted parole issue was not presented to trial court | Parole issue procedurally barred on appeal |
| Whether sentence modification (house arrest or concurrent sentences) is permissible | Wood requested house arrest or concurrent sentences | State argued sentences were within statutory limits and thus not reviewable | Sentence within statutory limits; request denied |
Key Cases Cited
- Morris v. State, 66 So. 3d 716 (Miss. Ct. App. 2011) (standard of review for PCCR denials)
- Blount v. State, 126 So. 3d 927 (Miss. Ct. App. 2013) (three-year PCCR filing period and procedural bar)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (exceptions for errors affecting fundamental constitutional rights)
- Smith v. State, 973 So. 2d 1003 (Miss. Ct. App. 2007) (issues not raised in the trial court are procedurally barred on appeal)
- Lewis v. State, 988 So. 2d 942 (Miss. Ct. App. 2008) (sentences within statutory limits are not reviewable on appeal)
- Lampley v. State, 308 So. 2d 87 (Miss. 1975) (authority on statutory sentencing limits)