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Horton v. King

Court of Appeals of Mississippi

October 7, 2014

BOBBY D. HORTON, JR., APPELLANT
v.
RON KING, APPELLEE

COURT fro WHICH APPEALED: GREENE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 09/06/2013. TRIAL JUDGE: HON. DALE HARKEY. TRIAL COURT DISPOSITION: PETITION FOR WRIT OF HABEAS CORPUS DISMISSED WITHOUT PREJUDICE.

BOBBY D. HORTON JR., APPELLANT, Pro se.

ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JAMES M. NORRIS, ANTHONY LOUIS SCHMIDT JR.

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

OPINION

Page 684

NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES

GRIFFIS, P.J.

¶1. Bobby D. Horton Jr. appeals the circuit court's judgment that dismissed his petition for a writ of habeas corpus.

¶2. In 1986, Horton was convicted in DeSoto County for receiving stolen property. He was sentenced to five years, with four years suspended and one year to serve. Horton was released from this sentence on July 10, 1987.

¶3. After his release, Horton was arrested and charged with aggravated assault in Panola County. On February 17, 1989, based on the arrest, the DeSoto County Circuit Court revoked his suspended

Page 685

sentence and remanded him to the custody of the Mississippi Department of Corrections (MDOC) for four years.

¶4. On April 18, 1989, Horton was convicted for the aggravated assault and grand-larceny offenses in Panola County. He was sentenced to twenty years and five years, respectively, to be served consecutively, as a habitual offender pursuant to Mississippi Code Annotated section 99-19-81 (Rev. 2007).

¶5. While in MDOC custody, on June 19, 2008, Horton was convicted of possession of contraband in a prison facility. He was sentenced to serve four years, which was to run ...


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