Preview:

IN THE COURT OF APPEALS 12/03/96 OF THE STATE OF MISSISSIPPI
NO. 95-KP-00764 COA ROBERT LITTLE APPELLANT v. STATE OF MISSISSIPPI APPELLEE

PER CURIAM AFFIRMANCE MEMORANDUM OPINION

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. JANNIE M. LEWIS COURT FROM WHICH APPEALED: HUMPHREYS COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: PRO SE ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS DISTRICT ATTORNEY: NOEL D. CROOK NATURE OF THE CASE: CRIMINAL: OUT OF TIME APPEAL TRIAL COURT DISPOSITION: DENIAL OF OUT OF TIME APPEAL

BEFORE BRIDGES, P.J., COLEMAN, AND PAYNE, JJ. PER CURIAM:

Robert Little, having been convicted for the sale of cocaine and sentenced to twenty-five years in the custody of the Mississippi Department of Corrections, filed a motion for leave to file an out-of-time appeal with the Circuit Court of Humphreys County. The circuit court denied Little's motion. On appeal, Little raises two issues: (1) whether the Circuit Court of Humphreys County erred in denying Appellant's motion for an out-of-time appeal; and (2) whether Appellant was denied effective assistance of counsel.

The Mississippi Supreme Court has held that in order for a movant to prove his right to an out-oftime appeal, he must show by a preponderance of the evidence that he asked his attorney to appeal within the time allowed for giving notice of an appeal, and he must show that the attorney failed to perfect the appeal, and that such failure was through no fault of the movant. Dickey v. State, 662 So. 2d 1106, 1107 (Miss. 1995) (citations omitted). In the present case, Little made no such showing. Little presented the court with no affidavits supporting his contention that he had asked his attorney to perfect an appeal. The only evidence the court had before it was an affidavit signed by Little waiving his right of appeal. Little attempts, in this appeal, to raise factual issues regarding his illiteracy and his alleged revocation of the waiver. We note that these issues were not raised with the trial court and are therefore waived. Miss. Code Ann.

Download Robert Little v. State of Mississippi.pdf

Mississippi Law