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Hampton v. State

December 08, 1998

OLLIE HAMPTON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before McMILLIN, P.j., Coleman, And Payne, JJ.

The opinion of the court was delivered by: Payne, J.

DATE OF JUDGMENT: July 17, 1997

TRIAL JUDGE: HON. LAMAR PICKARD

COURT FROM WHICH APPEALED: COPIAH COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

TRIAL COURT DISPOSITION: POST-CONVICTION RELIEF FOR REDUCTION OF SENTENCE DENIED

DISPOSITION: AFFIRMED

PROCEDURAL POSTURE

¶1. This case is on appeal from the denial of the appellant's petition for post-conviction relief by the Circuit Court of Copiah County. The circuit court dismissed the petition for lack of subject matter jurisdiction. Upon review of Hampton's original pleadings and his briefs in support of his appeal, we affirm the circuit court's dismissal of the claim.

FACTS

¶2. Hampton pled guilty to one count of robbery and received an eight year suspended sentence and five years probation plus a $1,000 fine and court costs. Subsequently, his probation was revoked for, inter alia, commission of a new crime of strong armed robbery, and he was ordered to serve the original sentence of eight years in the custody of the Mississippi Department of Corrections. Hampton filed his petition for post-conviction relief with the Copiah County Circuit Court seeking a reduction in his sentence. The circuit court dismissed the petition for lack of subject matter jurisdiction, and Hampton then perfected this appeal. Upon reviewing the appellant's original pleadings and his briefs filed with regard to this appeal, we affirm the dismissal of the petition.

THE ORIGINAL PCR

¶3. In his petition, Hampton alleged that his sentence was excessive and sought a reduction thereof and alleged that his probation was improperly revoked. Upon considering the petition, the circuit court dismissed the same without a hearing.

¶4. On appeal we are limited to a review of the judgment of the court from which the appeal is taken. In this case, the circuit court properly found that it lacked jurisdiction to grant the relief Hampton sought. A court has no jurisdiction to entertain a motion to amend an original sentence once it has become final. Denton v. Maples, 394 So. 2d 895 (Miss. 1981); Harrigill v. State, 403 So. 2d 867 (Miss. 1981). After the term of court during which the defendant was sentenced has passed, "the circuit Judge's sole authority in the case was to determine whether or not all or a portion of the ...


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