Perkins v. State

We have heretofore affirmed Phillip B. Perkins' conviction of grand larceny as well as his sentence as a recidivist of five (5) years imprisonment without eligibility for probation or parole.Perkins v. State, 403 So.2d 1279 (Miss. 1981) (per curiam memorandum). The case is now before the Court on Perkins' application for post-conviction relief. Miss. Code Ann. §§ 99-39-1, et seq. (Supp. 1985).

Initially, Perkins is met with a response by the State to the effect that his action is barred by the three year statute of limitations found in the Uniform Post-Conviction Collateral Relief Act. Miss.…