Gilley v. State

MYERS, J.,

for the court.

¶ 1. Timothy Gilley pled guilty to a charge of sale of cocaine and was sentenced as a second-time offender to a term of thirty years with fifteen years suspended and three years post-release supervision. He filed a motion in the Circuit Court of Tishomingo County, with the Honorable Frank A. Russell presiding, for re-sentencing. The motion was denied as the successive second petition to the trial court for post-conviction relief under Miss. Code Ann. § 99-39-23 (Rev.2000). Gilley now appeals that decision.

FACTS

¶ 2. After his sentencing, Gilley filed a motion for…