CourtListener 10629103•Fredrick Jones a/k/a Fred a/k/a Fredrick Lee Jones v. State of Mississippi
Fredrick Jones a/k/a Fred a/k/a Fredrick Lee Jones v. State of Mississippi
CourtListener 10629103Missctapp7 gen 2025
Testo completo
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2023-CP-01247-COA
FREDRICK JONES A/K/A FRED A/K/A APPELLANT
FREDRICK LEE JONES
v.
STATE OF MISSISSIPPI APPELLEE
DATE OF JUDGMENT: 09/06/2023
TRIAL JUDGE: HON. WILLIAM HUNTER NOWELL
COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT: FREDRICK JONES (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: ALEXANDRA LEBRON
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
DISPOSITION: AFFIRMED - 01/07/2025
MOTION FOR REHEARING FILED:
BEFORE WILSON, P.J., LAWRENCE AND EMFINGER, JJ.
WILSON, P.J., FOR THE COURT:
¶1. In 1996, following a jury trial, Fredrick Jones was convicted of two counts of
aggravated assault and sentenced to serve two consecutive terms of life imprisonment as a
violent habitual offender. This Court affirmed Jones’s convictions and sentences on appeal.
Jones v. State, No. 96-KA-00235-COA (Miss. Ct. App. Feb. 10, 1998) (unpublished op.).
¶2. In 1999, Jones filed an application in the Mississippi Supreme Court for leave to file
a motion for post-conviction relief (PCR) in the trial court. The Supreme Court denied the
application. Jones v. State, No. 1999-M-00004 (Miss. Mar. 31, 1999) (panel order).
¶3. In 2023, Jones filed a second application in the Mississippi Supreme Court for leave
to file a PCR motion in the trial court. The Supreme Court dismissed the application for
failure to comply with the requirements of Mississippi Code Annotated sections 99-39-9 and
99-39-27 (Rev. 2020). Jones v. State, No. 2023-M-01034 (Nov. 1, 2023) (panel order).
¶4. Before the Supreme Court dismissed Jones’s second application for leave to proceed
in the trial court, Jones also filed a “Motion on Sentencing Relief” in the trial court. Jones’s
motion was in the nature of a PCR motion. The trial court dismissed the motion for lack of
jurisdiction because Jones had not received permission from the Supreme Court to file a PCR
motion. Jones filed a notice of appeal.
¶5. The trial court properly dismissed Jones’s motion for lack of jurisdiction. Mississippi
Code Annotated section 99-39-7 (Rev. 2020) provides that a PCR motion “shall be filed as
an original civil action in the trial court, except in cases in which the petitioner’s conviction
and sentence have been appealed to the Supreme Court of Mississippi and there affirmed or
the appeal dismissed.” Id. (emphasis added). If a prisoner’s conviction and sentence have
been affirmed on direct appeal, the prisoner must obtain permission from the Mississippi
Supreme Court before filing a PCR motion in the trial court. Id. “This procedure is not
merely advisory, but jurisdictional.” Dunaway v. State, 111 So. 3d 117, 118 (¶6) (Miss. Ct.
App. 2013) (quoting Campbell v. State, 75 So. 3d 1160, 1162 (¶7) (Miss. Ct. App. 2011)).
Because Jones failed to obtain permission from the Supreme Court, the trial court properly
dismissed his motion for lack of jurisdiction. Id. at 119 (¶8); accord, e.g., Jackson v. State,
359 So. 3d 1132, 1133 (¶3) (Miss. Ct. App. 2023).
¶6. AFFIRMED.
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BARNES, C.J., CARLTON, P.J., WESTBROOKS, McDONALD, LAWRENCE,
McCARTY, EMFINGER AND WEDDLE, JJ., CONCUR. ST. PÉ, J., NOT
PARTICIPATING.
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