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Taylor v. State

December 30, 1998

SHERWOOD TAYLOR APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Thomas, P.j., For The Court:

DATE OF JUDGMENT: 08/21/1997

TRIAL JUDGE: HON. KEITH STARRETT

COURT FROM WHICH APPEALED: WALTHALL COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: DUNNICA O. LAMPTON

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

TRIAL COURT DISPOSITION: 08/21/1997: MOTION TO CORRECT AND MODIFY SENTENCE DENIED

¶1. Sherwood Taylor, pro se, appeals an order of the Circuit Court of Walthall County, Mississippi denying his post-conviction motion to correct sentence and to allow credit to his time served while in jail in the Washington Parish Jail, Louisiana. Taylor argues on the presumption that his sentence in Mississippi should be offset by the time served while in a Louisiana jail. Taylor specifically argues that 105 days should be credited as time served on his Mississippi conviction.

THE ISSUE

¶2. Taylor cites one issue for consideration before this Court:

WHETHER THE TRIAL COURT COMMITTED ERROR IN DENYING THE MOTION TO CORRECT AND MODIFY SENTENCE

¶3. During April of 1996, Taylor was serving time in the Washington Parish Jail, Louisiana on an unrelated Louisiana charge. Taylor states in his brief that his release from the Louisiana sentence was to have been April 30, 1996. Taylor maintains that on April 3, 1996, while he was incarcerated in Louisiana, Mississippi authorities, specifically the Walthall County Sheriff's Office, placed a "hold" on his person on Mississippi charges of false pretense and attempted false pretense.

¶4. On August 13, 1996, Taylor executed a waiver of extradition and was then taken to Walthall County, Mississippi on August 15, 1996 for a guilty pleading and sentencing that same day. As conceded in Taylor's brief, between April 3, 1996 and August 13, 1996, two additional Louisiana charges were pending against him for felony theft and misdemeanor theft. Taylor was booked on a charge of felony theft on April 3, 1996; however, that charge was dropped on August 13, 1996. The second charge of misdemeanor theft which was booked on April 11, 1996 was also dropped prior to August 13, 1996, on April 26, 1996.

ΒΆ5. It is from these facts that Taylor maintains his argument that he was entitled to approximately 105 days credit on his Mississippi conviction for the time served while awaiting extradition to Mississippi for unrelated charges. Taylor premises the argument that since the two Louisiana charges were ultimately dropped prior to ...


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