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PETERSON v. STATE

No. 2008-CP-01438-COA.

28 So.3d 667 (2009)

Jon Kurrie PETERSON, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied December 15, 2009.

Certiorari Denied February 25, 2010.

Attorney(s) appearing for the Case

Jon Kurrie Peterson (Pro Se).

Office of the Attorney General by W. Glenn Watts, for Appellee.

Before MYERS, P.J., ISHEE AND MAXWELL, JJ.

MYERS, P.J., for the Court.

¶ 1. Jon Kurrie Peterson filed a pro se "Motion to Vacate Judgment and Sentence or in the Alternative Motion for New Trial with Brief in Support" in the Circuit Court of Harrison County on April 22, 2008. The circuit court took Peterson's motion as one for post-conviction relief and dismissed it for want of jurisdiction, citing Mississippi Code Annotated section 99-39-7 (Rev. 2007), which requires that a prisoner, whose conviction...

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