Albert Lee Norwood v. State of Mississippi
Albert Lee Norwood v. State of Mississippi
Opinion
for the Court:
¶ 1. Albert Norwood appeals the circuit court’s denial of his request for documents from his guilty plea. Because his document request was not part of a direct appeal or motion for post-conviction relief, we lack jurisdiction. We thus dismiss.
Facts and Procedural History
¶2. On April 9, 2012, Norwood pled guilty to failing to re-register as a convicted sex offender. 1 The judge sentenced him to serve fours years, with credit for time served.
¶ 3. On October 15, 2013, Norwood mailed a letter to the circuit court asking for various documents from his failure-to-register case. The court treated Nor-wood’s letter as a motion and denied his request, noting he failed to show good cause for free documents. Norwood appealed. 2 '
Discussion
¶4. “Jurisdiction is a question of law[,] which this Court reviews de novo.” Bullock v. State, 1 So.3d 941, 942 (¶4) (Miss.Ct.App. 2009) (quoting Trustmark Nat’l Bank v. Johnson, 865 So.2d 1148, 1150 (¶ 8) (Miss. 2004)). There are two avenues of appeal for a criminal defendant — (1) a direct appeal from the conviction and (2) an appeal from a post-conviction relief (PCR) motion. Shanks v. State, 906 So.2d 760, 761 (¶3) (Miss.Ct.App. 2004). Norwood forfeited his right to a direct appeal when he pled guilty. Miss. Code Ann. § 99-35-101 (Supp. 2014). So *396 his only available avenue was to bring a PCR motion. Bullock, 1 So.3d at 943 (¶ 5). But he failed to do so.
¶ 5. What he was really doing here was fishing for documents. However, the Uniform Post-Conviction Collateral Relief Act (UPCCRA) does not give a prisoner “the right to institute an independent, original action for a free transcript or other documents, and then if dissatisfied with the trial court’s ruling, to directly appeal that ruling to the appellate court as a separate and independent action.” Id. at (¶ 7).
¶ 6. But Norwood does have the option of requesting documents as part of a PCR motion. Id. at (¶ 6). If Norwood files a proper and timely PCR motion — and it withstands summary dismissal under Mississippi Code Annotated section 99-39-11(2) (Supp. 2014) — he then “may be entitled to trial transcripts or other relevant documents under the discovery provisions of [section] 99-39-15, upon good cause shown and in the discretion of the trial judge.” Bullock, 1 So.3d at 943 (¶ 6).
¶ 7. We thus dismiss for lack of appellate jurisdiction.
¶ 8. THIS APPEAL IS DISMISSED WITHOUT PREJUDICE DUE TO LACK OF JURISDICTION. ALL COSTS OF THIS APPEAL ARE ASSESSED TO HARRISON COUNTY.
. Norwood was previously convicted of sexual battery. As a sex offender, Norwood had to register with the responsible agency and the Mississippi Department of Public Safety. See Miss. Code Ann. § 45-33-25(1 )(a) (Supp. 2014). Norwood was also required to re-register every ninety days. See Miss.Code Ann. § 45-33-31 (Supp. 2014).
. Norwood raises several issues on appeal that were not raised below, which we decline to address.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.