Rush v. State

GRIFFIS, P.J.,

for the Court:

¶ 1. Da’rekus Rush appeals the dismissal of his motion for post-conviction collateral relief (“PCCR”). Rush argues that (1) his claim is not barred by the three-year statute of limitations, and (2) his sentence is illegal based on a clerical error. We find no error and affirm.

FACTS

¶ 2. On April 1, 2002, Rush pleaded guilty to burglary of a dwelling under Mississippi Code Annotated section 97-17-23 (Supp.2012). Rush was sentenced to serve ten years in the custody of Mississippi Department of Corrections. The court ordered that Rush be released after he had served…