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Hall v. State

Court of Appeals of Mississippi

January 28, 2014

FRANK D. HALL A/K/A FRANK DEWAYNE HALL A/K/A FRANK DWAYNE HALL A/K/A FRANK HALL APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 02/05/2013

LAMAR COUNTY CIRCUIT COURT HON. PRENTISS GREENE HARRELL JUDGE

ATTORNEY FOR APPELLANT: WILLIAM L. DUCKER

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE

BEFORE ISHEE, P.J., FAIR AND JAMES, JJ.

JAMES, J.

¶1. Frank Dewayne Hall pled guilty in the Lamar County Circuit Court to child fondling. Hall was sentenced to fifteen years in the custody of the Mississippi Department of Corrections (MDOC), with one year and four months to serve, and the remaining thirteen years and eight months to be served under post-release supervision (PRS). After violating the terms and conditions of his PRS, Hall's PRS was revoked, and he was ordered to serve the remainder of his sentence in the custody of the MDOC. Hall filed a motion for post- conviction relief (PCR), which was summarily dismissed by the circuit court. Hall now appeals to this Court.

FACTS AND PROCEDURAL HISTORY

¶2. On April 22, 2005, a Lamar County grand jury indicted Hall on one count of child fondling. Hall entered a voluntary plea of guilty on September 15, 2006. Hall was sentenced to serve fifteen years in the custody of the MDOC, with one year and four months to serve and the remaining thirteen years and eight months to be served under PRS, with five years of supervised probation. The order of conviction contained the conditions of Hall's suspended sentence under PRS, informing him that failing to meet any one condition would violate the terms and conditions of his PRS, and that the court could revoke his suspended sentence and remand him back to the custody of the MDOC to serve the balance of his sentence. Hall was given credit for time served in pretrial custody; thus, the one year and four months was deemed served at the time of his sentencing.

¶3. On May 12, 2009, the MDOC filed an affidavit alleging that Hall was in violation of the terms and conditions of his PRS on the basis of criminal charges and other violations. A warrant was issued, and Hall was arrested to await revocation proceedings. On May 13, 2009, Hall signed a "waiver of rights and/or waiting period prior to preliminary post-release hearing, " a "waiver of right to preliminary post[-]release revocation hearing, " and a "waiver of right to notice and/or waiting period prior to post[-]release revocation hearing."

¶4. A formal revocation hearing was held on M ay 14, 2009. Upon reading the allegations in the affidavit to Hall, the court asked Hall if he contested the charges. Hall answered, "No, sir." The court found Hall to be in violation of the terms and conditions of his PRS and executed an order of revocation, sentencing Hall to thirteen years and eight months in the custody of the MDOC.

¶5. On June 7, 2012, Hall filed his PCR motion. A court-ordered response by the State was filed on November 26, 2012, after which Hall filed a rebuttal. On February 8, 2013, the circuit court summarily dismissed Hall's PCR motion. Hall now appeals, raising the following issues: (1) whether the trial court erred in summarily dismissing his PCR motion after ordering the State to file an answer; and (2) whether he was denied due process during the revocation proceeding. Finding no error, we affirm.

STANDARD OF REVIEW

¶6. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hu ...


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