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Hamlett v. State

Court of Appeals of Mississippi

March 11, 2014

KERRY CLEAVE HAMLETT A/K/A KERRY C. HAMLETT A/K/A KERRY HAMLETT, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: MONROE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 09/10/2012. TRIAL JUDGE: HON. JAMES LAMAR ROBERTS JR. TRIAL COURT DENIED MOTION FOR POST-CONVICTION RELIEF.

DISPOSITION: AFFIRMED.

FOR APPELLANT: KERRY CLEAVE HAMLETT (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JEFFREY A. KLINGFUSS.

BEFORE LEE, C.J., ROBERTS AND JAMES, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

LEE, C.J.

FACTS AND PROCEDURAL HISTORY

¶1. On November 8, 2006, Kerry Hamlett pleaded guilty to burglary of a

Page 395

dwelling and was sentenced to twenty-five years, with twelve years to serve in the custody of the Mississippi Department of Corrections (MDOC), thirteen years suspended, and five years of post-release supervision (PRS). At the same plea hearing, Hamlett also pleaded guilty to fondling and was sentenced to serve eight years in the custody of the MDOC. The fondling sentence was ordered to run concurrently with the sentence imposed for the burglary conviction.

¶2. Hamlett filed a motion for post-conviction relief in the Monroe County Circuit Court on July 30, 2012, which the trial court denied.[1] Hamlett subsequently filed an appeal alleging he received an illegal sentence.

STANDARD OF REVIEW

¶3. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hughe ...


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