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Holder v. State

Court of Appeals of Mississippi

November 26, 2013

THOMAS HOLDER A/K/A THOMAS L. HOLDER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Petition for certiorari filed at, 07/10/2014

COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 12/01/2011. TRIAL JUDGE: HON. ROBERT B. HELFRICH. TRIAL COURT MOTION FOR POST-CONVICTION RELIEF DENIED.

FOR APPELLANT: THOMAS HOLDER (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

BEFORE GRIFFIS, P.J., BARNES AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, CARLTON, MAXWELL AND JAMES, JJ., CONCUR. FAIR, J., NOT PARTICIPATING.

OPINION

Page 885

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

BARNES, J.:

¶1. Thomas Holder pleaded guilty to the fondling of a child. He was sentenced to fifteen years in the custody of the Mississippi Department of Corrections (MDOC), with credit for time served and the remainder of the sentence to be suspended upon completion of certain conditions, including registration as a sex offender. Holder was also required to reside at least one hundred miles from the Forrest County Courthouse and to pay a $2,500 fine, restitution, and court costs. After it was discovered that Holder had provided an incorrect address on his sex-offender-registry

Page 886

form, his suspended sentence was revoked. Holder filed a motion for post-conviction relief (PCR), which the circuit court denied. On appeal, we find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On November 20, 2008, Holder pleaded guilty to fondling in violation of Mississippi Code Annotated section 97-5-23 (Rev. 2006). He was sentenced to fifteen years in the custody of the MDOC, with credit for time served and the remainder to be suspended upon compliance with certain conditions. Two of the conditions were: (1) that Holder was to " [i]mmediately register as a sex offender in [the] state and county of his domicile" and any subsequent domicile; and (2) that he was to " [d]epart from Hattiesburg, Mississippi[,] within twenty-four (24) hours of his release from custody and remain outside a radius or distance of one hundred (100) miles from the Forrest County Courthouse situated in Hattiesburg, Mississippi, for the entire period of his suspended sentence."

¶3. Holder, upon release from county jail two days later, informed the probation officer in Forrest County that he was returning to Alcorn County, Mississippi. Holder then traveled to Alcorn County by bus. The following Monday morning, Holder reported to the office of the Alcorn County Sheriff's Department; however, there was no probation officer in the office. Holder was told to return the following day, and he gave his former address to the woman at the sheriff's department's office. Holder was allegedly staying in a motel at the time. Holder returned the next day, and upon investigation, it was discovered that he had provided an incorrect address on his sex-offender-registry form. Holder was placed in ...


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