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Mullins v. State

The trial court properly dismissed the defendant's motion in arrest of judgment, which he untimely filed almost 25 years after his conviction on his 1986 guilty pleas to murder and burglary.

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On August 24, 1985, Appellant Timothy Monroe Mullins unlawfully entered the Long County home of Ina L. Murray and suffocated her to death. Just two days later, the grand jury indicted Appellant for malice murder and burglary, and the State later filed a notice of intent to seek the death penalty. On January 6, 1986, the State filed a motion to nolle prosequi the burglary count, which was based on Appellant’s alleged unlawful entry into the victim’s home with the intent to commit a felony therein, to wit, murder. The trial court granted the motion, and on January 17, 1986, the grand jury returned a separate indictment charging Appellant with burglary for unlawfully entering the victim’s home with the intent to commit a theft therein.

On January 26, 1986, a jury was selected and sworn to try both indictments, but three days into the trial, Appellant pled guilty to both charges. The jury then determined that Appellant should be spared the death penalty, and on January 29, 1986, the trial court sentenced Appellant to life in prison for murder plus five years consecutive for burglary. Appellant did not appeal. In 2006, Appellant filed a habeas petition, which was denied. On September 8, 2008, this Court denied his application for a certificate of probable cause to appeal, and on October 27, 2008, we denied his motion for reconsideration.

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