Campbell v. State
| Decision Date | 13 December 2011 |
| Docket Number | No. 2010–CP–00655–COA.,2010–CP–00655–COA. |
| Citation | 75 So.3d 1160 |
| Parties | Clyde CAMPBELL, Appellant v. STATE of Mississippi, Appellee. |
| Court | Mississippi Court of Appeals |
75 So.3d 1160
Clyde CAMPBELL, Appellant
v.
STATE of Mississippi, Appellee.
No. 2010–CP–00655–COA.
Court of Appeals of Mississippi.
Dec. 13, 2011.
[75 So.3d 1160]
Clyde Campbell, appellant, pro se.
[75 So.3d 1161]
Office of the Attorney General by Deirdre McCrory, attorney for appellee.
Before IRVING, P.J., ISHEE and CARLTON, JJ.
ISHEE, J., for the Court:
¶ 1. Clyde Campbell, pro se, files this motion for post-conviction relief (PCR), claiming the Adams County Circuit Court erred when it dismissed his PCR motion as procedurally barred by Mississippi Code Annotated section 99–39–5(2) (Supp.2011). Finding the circuit court lacked jurisdiction to hear Campbell's PCR motion, we affirm the court's dismissal on other grounds.
¶ 2. Campbell was found guilty of aggravated assault and sentenced on July 20, 1990, to life in the custody of the Mississippi Department of Corrections (MDOC), as a habitual offender, without eligibility for parole or probation. This Court affirmed his conviction on direct appeal in an unpublished opinion. Campbell v. State, 704 So.2d 465 (Miss.Ct.App.1997). Campbell had thrown gasoline on his girlfriend, Barbara Dukes, and deliberately lit a cigarette lighter, causing her to be engulfed in flames. Dukes did not die from the accident, but she did suffer serious injuries.
¶ 3. At the sentencing hearing, the State presented evidence to support Campbell's habitual-offender status. He pleaded guilty in 1974 to assault and battery with intent to kill after shooting a police officer with the Natchez Police Department. The officer lost an eye as a result of the shooting, and he later died as an indirect result of the injuries. Campbell was sentenced to serve five years in the custody of the MDOC, but he served a little more than a year in prison. The State also showed that Campbell had a previous conviction in 1981 for carrying a concealed weapon by a felon. For that crime, Campbell was sentenced to five years in the custody of the MDOC and again served a little over a year in prison.
¶ 4. Campbell's trial counsel objected to the introduction of the evidence, arguing that the convictions had occurred more than ten years before the current charge; therefore, they could not be considered for purposes of determining habitual-offender status. The circuit court overruled the objection, noting that the rule Campbell's trial counsel referenced applied to evidence used during the course of the trial, but it was not...
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...permission from the Mississippi Supreme Court must be obtained in order to seek post-conviction relief in the circuit court.” Campbell v. State, 75 So.3d 1160, 1161–62 (¶ 7) (Miss.Ct.App.2011) (citing Miss.Code Ann. § 99–39–7 (Supp.2013) ).¶ 11. Howard contends that these issues are not sub......
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Chandler v. State, 2014–CP–00114–COA.
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