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Hill v. State

Court of Appeals of Mississippi

May 19, 2015

BILLY DALE HILL A/K/A BOBBY HILL A/K/A BILLY HILL, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 05/15/2014. TRIAL JUDGE: HON. MARGARET CAREY-MCCRAY. TRIAL COURT DISPOSITION: DENIED APPELLANT'S MOTION TO ENFORCE SENTENCE OR, IN THE ALTERNATIVE, TO CLARIFY SENTENCE.

APPEAL DISMISSED.

BILLY DALE HILL, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: ANTHONY LOUIS SCHMIDT JR.

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

Page 496

NATURE OF THE CASE: CIVIL - OTHER

CARLTON, J.

[¶1] After the Mississippi Department of Corrections (MDOC) rendered a final decision on August 10, 2012, denying his request for earned-time credit, Billy Dale Hill filed an appeal with the Calhoun County Circuit Court on October 26, 2012. The Calhoun County Circuit Court determined that the Sunflower County Circuit Court possessed jurisdiction and transferred the cause to that court for disposition. The Sunflower County Circuit Court entered an order denying Hill's motion and affirming MDOC's decision.

[¶2] Aggrieved by the circuit court's denial of his motion, Hill now appeals to this Court. However, upon finding that Hill failed to file his motion for judicial review of MDOC's decision within the thirty days allowed by Mississippi Code Annotated section 47-5-807 (Rev. 2011), we dismiss Hill's appeal.

FACTS

[¶3] On October 24, 1977, Hill pled guilty to the offenses of murder and rape. The circuit court judge, sitting without a jury, sentenced Hill to life in prison for each crime, with the two sentences to run consecutively to one another. On September 22, 2011, the Mississippi Supreme Court entered an order holding that Hill's life sentence for rape was illegal. The supreme court's order vacated Hill's life sentence for rape and remanded the case to the Calhoun County Circuit Court for resentencing.

[¶4] On remand from the supreme court, the circuit court entered an order on April 30, 2012, resentencing Hill to serve forty-four years for his rape conviction, as of October 24, 1977, in MDOC's custody. The circuit court further ordered that the forty-four-year sentence for rape was to run consecutively to Hill's life sentence for murder. Hill sought to have the time he served prior to the circuit court's order applied to his new sentence as earned-time credit. However, MDOC held that Hill was ineligible to receive earned-time credit on his rape conviction for the time he served before the circuit court's April 2012 resentencing order since he was then serving his life sentence for murder. MDOC therefore refused to credit the time Hill served between October 24, 1977, and the circuit court's hearing on April 24, 2012, to his newly imposed rape sentence.

Page 497

[¶5] Hill challenged MDOC's decision through the agency's Administrative Remedy Program (ARP). On August 10, 2012, MDOC issued a " Second Step Response Form" containing its final decision denying Hill's appeal.[1] The response form stated that Hill had fulfilled the requirements of the ARP and was eligible to seek judicial review of MDOC's decision within thirty days of receiving the ...


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