with his two (2) life sentences[,] when this court ordered the burglary sentence to run concurrently with the two (2) life sentences[.]” ¶ 8. The circuit court summarily dismissed Ducksworth’s motion based on Mississippi Code Annotated section 99-39-5(2) (Supp.2012), which requires a petitioner to file his PCR motion within three years of the entry of a judgment following a guilty plea, with certain exceptions not present in Ducksworth’s case. ¶ 9. Ducksworth timely appealed. Discussion ¶ 10. Ducksworth claims he received an illegal sentence. He does so because the right to a legal sentence is a fundamental constitutional right, and an illegal-sentence claim is not subject to section 99-39-5(2)’s three-year time limit. See, e.g., Ivy v. State, 731 So.2d 601, 603 (¶¶ 13-14) (Miss.1999) (<HOLDING>); Weaver v. State, 785 So.2d 1085, 1087 (¶ 6)
holding errors based on the constitutional rights to confrontation and due process may be waived by failure to object at trial recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights holding right to be fundamental holding that errors affecting fundamental constitutional rights such as the right to a legal sentence may be excepted from the threeyear timebar holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel