SANDERS v. STATE (2001)

¶ 1. Patrick Sanders, pro se, filed a post conviction relief motion which was denied by the trial court.   On appeal, Sanders asserts the following issue:

I. WAS THE GUILTY PLEA ENTERED BY SANDERS INVOLUNTARY?

FACTS

12/17/96:  Sanders was indicted on two counts of armed robbery in the Circuit Court of the First Judicial District of Hinds County in Cause No. 96-3-257.

01/29/97:  Motion for discovery filed by counsel of record.

05/30/97:  Petition to enter plea of guilty filed.   Sanders pleaded guilty to both counts of indictment.

06/10/97:  On each count, Court sentences Sanders to twenty years imprisonment with five years suspended, the sentences to be served concurrently.

01/16/98:  Sanders filed motion for post-conviction collateral relief in Circuit Court of First Judicial District of Hinds County in Cause No. 251-98-70.

02/13/98:  Order entered denying motion for post-conviction collateral relief.

04/20/98:  Sanders filed motion to reconsider/reduce sentence.

05/06/98:  Order entered overruling motion to reconsider/reduce sentence.

09/28/99:  Notice of appeal filed Cause No. 251-98-70.

03/08/00:  Mississippi Supreme Court Clerk issued Sanders a notice pursuant to MRAP 2, that he had fourteen days in which to correct the deficiencies of his appeal.   These deficiencies were payment of the costs of appeal and filing a designation of the record.

03/13/00:  Order granting leave to appeal in forma pauperis entered in Circuit Court of the First Judicial District of Hinds County in Cause No. 251-98-70.

03/22/00:  Order entered in Supreme Court of Mississippi in Cause No.1999-TS-01597 (referring to Cause No. 96-3-257) granting additional time (an additional fourteen days) in which to file designation of record.

ANALYSIS

¶ 2. In the instant case, we need address no issue other than untimely filing.  Mississippi Rule of Appellate Procedure § 4(a) requires that:

in a ․ criminal case in which an appeal ․ is permitted by law as of right from a trial court to the Supreme Court, the notice of appeal required by Rule 3 shall be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from.

M.R.A.P. 4(a).

¶ 3. An order denying Sanders's motion for post-conviction collateral relief was entered on February 13, 1998.   Sanders filed a notice of appeal from this order on September 28, 1999.   Sanders's right to appeal expired more than a year prior to his filing a notice of appeal.   We find that the motion was untimely and, therefore, jurisdictionally void.  Denton v. State, 762 So.2d 814, 816-7 (Miss.Ct.App.2000);  Heirs of Florence Cobb v. McLaurin, 769 So.2d 257, 258 (Miss.Ct.App.2000).

¶ 4. THE JUDGMENT OF THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY DENYING POST-CONVICTION RELIEF IS AFFIRMED.   ALL COSTS OF THIS APPEAL ARE ASSESSED TO HINDS COUNTY.

THOMAS, J., for the Court:

McMILLIN, C.J., KING and SOUTHWICK, P.JJ., PAYNE, BRIDGES, LEE, IRVING, MYERS and CHANDLER, JJ., concur.