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Randle v. State

Court of Appeals of Mississippi

November 18, 2014

DERRICK RANDLE A/K/A DERRICK COX, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 01/11/2013.

COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JANNIE M. LEWIS. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

DERRICK RANDLE APPELLANT (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

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

OPINION

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

Page 281

IRVING, P.J.

¶1. Randle appeals the dismissal of his post-conviction-relief (PCR) motion by the Circuit Court of Holmes County. Randle appeals and raises two issues: (1) whether the circuit court erred in using the same facts at two different revocation hearings and (2) whether the circuit court erred in revoking his suspended sentence in a case for which he claims he had not started serving the post-release-supervision (PRS) portion of that sentence. As will be explained further, we dismiss Randle's appeal as untimely.

FACTS

¶2. On February 5, 2008, Randle entered pleas of guilty to burglary of a commercial building in cause number 11,827 and to receiving stolen property in cause number 11,821. The circuit court sentenced Randle to concurrent terms of five years in the custody of the Mississippi Department of Corrections (MDOC), with two years to serve and three years on PRS.

¶3. On September 22, 2010, following a revocation hearing, the circuit court modified Randle's probation in cause numbers 11,821 and 11,827 and ordered Randle to complete a restitution program. Randle was also ordered to pay court costs, attorney's fees, and all moneys in arrears.

¶4. On October 1, 2010, Randle entered a plea of guilty to business burglary in cause number 10-0046. The circuit court sentenced Randle to five years in the custody of MDOC, with six months to serve, credit for time already served, and thereafter four and one-half years on PRS. The court also ordered Randle to pay restitution, attorney's fees, and court costs in cause number 10-0046 while completing the restitution program in cause numbers 11,821 and 11,827.

¶5. On February 11, 2011, at a revocation hearing in all three cause numbers, the State presented Dewayne Montgomery, a parole officer, who testified that Randle had failed to comply with the rules of the restitution program by disobeying staff, being loud and boisterous, and being charged with disorderly conduct and public drunkenness by the Leake County Sheriff's Department on ...


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