Smith v. State

LEE, P.J.,

for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. On September 7, 1995, Calvin Morris Smith was convicted of kidnapping and sexual battery. Smith received two concurrent sentences of twenty years to be served in the custody of the Mississippi Department of Corrections. Smith appealed, and this Court affirmed his conviction without a published opinion. See Smith v. State, 708 So.2d 103, 1998 WL 179181 (Miss.Ct.App.1998).

¶ 2. Some six years after his conviction, Smith requested and received leave from the Mississippi Supreme Court to file a “motion to correct sentence” in which Smith…