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Mohead v. State

Court of Appeals of Mississippi

October 14, 2014

CARNELL MOHEAD, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: GRENADA COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 06/07/2013. TRIAL JUDGE: HON. JOSEPH H. LOPER JR. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF SUMMARILY DISMISSED.

CARNELL MOHEAD, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.

BEFORE IRVING, P.J., BARNES, ROBERTS AND CARLTON, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. IRVING, P.J., AND JAMES, J., CONCUR IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

ROBERTS, J.

¶1. Appearing before the Grenada County Circuit Court, Carnell Mohead pled guilty to three counts of felony simple domestic violence. As part of his sentence, Mohead was placed on one year of supervised probation; however, his probation was revoked following a domestic-violence conviction in the Grenada County Municipal Court. Mohead appealed the municipal-court conviction, and the circuit court entered an order for remand to the file in July 2011. Mohead filed a motion for post-conviction relief (PCR) alleging that his probation was unlawfully revoked. The circuit court summarily dismissed Mohead's PCR motion as a successive writ, and Mohead appealed. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On June 30, 2010, Mohead was indicted on three counts of felony simple domestic violence for hitting and choking his then-girlfriend on three separate occasions.[1]

Page 359

Mohead entered his guilty plea to all three counts on July 16, 2010. On each count, the circuit court sentenced Mohead to ten years " with ten years suspended for a period of five years" and one year of supervised probation. The sentences were ordered to run concurrently to one another. As a term of his suspended sentence and supervised probation, Mohead was not to commit an " offense against the laws of this or any state of the United States or of the United States[.]" Mohead's probation was extended by circuit court order after he was arrested for public intoxication.

¶3. The circuit court then held a probation-revocation hearing and entered an order on February 11, 2011, revoking Mohead's probation and ordering him to serve ten years in the custody of the Mississippi Department of Corrections (MDOC), because he violated the terms of his probation. Specifically, he violated the term quoted above because, while he was on probation, he was convicted in the municipal court of domestic violence. Mohead appealed the municipal-court conviction to the circuit court, and by order of the circuit court and agreement of the parties, the charge was remanded to the file five months after his probation had been revoked.

¶4. Mohead then filed a PCR motion in the circuit court claiming that, since his municipal-court conviction was the basis for his probation revocation, and the municipal-court conviction was remanded to the file, his probation was unlawfully revoked. The circuit court summarily dismissed his PCR motion, and Mohead did not appeal the summary dismissal. Mohead then filed a second PCR motion, which is the subject of the present appeal, and again argued that his probation was unlawfully revoked. The circuit court summarily dismissed Mohead's second PCR motion as procedurally barred due to it being a successive writ.

¶5. Mohead appeals the circuit court's dismissal of his PCR motion and asserts that he " is being unlawfully held in custody after his probation was illegally revoked, once the charge used to revoke [his probation] was dismissed, [because] there was no evidence or conviction on which to base ...


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