COURT FROM WHICH APPEALED: GREENE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/29/2013. TRIAL JUDGE: HON. ROBERT P. KREBS. TRIAL COURT MOTION FOR POST-CONVICTION RELIEF DENIED.
FOR APPELLANT: DWIGHT LOTT (Pro se).
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.
BEFORE IRVING, P.J., BARNES AND FAIR, JJ. LEE, C.J., GRIFFIS, P.J., ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
¶1. In 1988, Dwight Lott was convicted in the Pearl River County Circuit Court for murder and sentenced to life in the custody of the Mississippi Department of Corrections (MDOC). Lott was released on parole in 2000, but was arrested in July 2010 on charges in Marion County, resulting in an indictment in May 2011 for attempted sexual battery and molestation of a child. Although the Marion County charges were nolle prossed in May 2012, the Mississippi Parole Board revoked Lott's parole on October 12, 2011. Lott filed a motion for post-conviction relief (PCR) in the Greene County Circuit Court on October 15, 2012, alleging that he had been denied a parole hearing. The circuit court denied Lott's motion on the merits on January 29, 2013. It is from this judgement that Lott appeals. We find that the circuit court lacked the requisite jurisdiction to hear Lott's PCR motion and dismiss this appeal.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
¶2. Lott committed murder in Pearl River County and was sentenced in 1988 to life in the custody of the MDOC. Lott appealed, and his conviction was affirmed in 1992. Lott v. State, 597 So.2d 627, 631 (Miss. 1992). In 2000, Lott was paroled.
¶3. On July 6, 2010, Lott was arrested in Marion County for the offenses of attempted sexual battery and child molestation.
Lott was indicted on these charges in May 2011. On October 12, 2011, the Parole Board revoked Lott's parole. In May 2012, Lott's Marion County charges were dismissed by the State due to the failure of the victim to cooperate in the prosecution of the matter.
¶4. Lott filed a PCR motion in the Greene County Circuit Court on October 15, 2012, alleging that he had been denied a parole hearing and other rights set out in Morrisey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972). It is unclear on this record whether Lott is correct in this contention. The circuit court treated the filing as a ...