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Lott v. State

Court of Appeals of Mississippi

February 21, 2017

DWIGHT LOTT A/K/A DWIGHT L. LOTT APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          Date of Judgment: 08/27/2015

         COURT FROM WHICH APPEALED: PEARL RIVER COUNTY CIRCUIT COURT HON. ANTHONY ALAN MOZINGO TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: DWIGHT LOTT (PRO SE).

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS.

          BEFORE LEE, C.J., BARNES AND FAIR, JJ.

          LEE, C.J.

         ¶1. Dwight Lott contends his parole was unlawfully revoked, and he was entitled to a preliminary revocation hearing. We reverse and remand for an evidentiary hearing to determine whether Lott's parole was unlawfully revoked.

         PROCEDURAL HISTORY

         ¶2. In 1988, Lott pleaded guilty in the Pearl River County Circuit Court to murder and was sentenced to life in the custody of the Mississippi Department of Corrections. His conviction and sentence were affirmed in 1992. See Lott v. State, 597 So.2d 627, 631 (Miss. 1992). Lott was paroled in 2000, arrested in 2010 in Marion County, and charged in 2011 for attempted sexual battery and child molestation. Lott's parole was revoked on October 12, 2011. The charges in Marion County were nolle prossed in 2012.

         ¶3. Lott filed a motion for postconviction relief (PCR) in the Greene County Circuit Court on October 15, 2012, arguing issues relating to his parole revocation. The trial court denied Lott's motion, and Lott appealed. This Court dismissed Lott's appeal for lack of jurisdiction, finding Lott had not filed his PCR motion in the county where he had been convicted (Pearl River County), and Lott had failed to obtain permission from the Mississippi Supreme Court to proceed in the trial court. Lott v. State, 135 So.3d 229, 230 (¶¶6-7) (Miss. Ct. App. 2014).

         ¶4. Lott subsequently filed an application with the Mississippi Supreme Court for leave to proceed in the trial court. On June 18, 2014, the supreme court issued an order dismissing Lott's application as improperly filed. The supreme court noted that Lott was not required to seek permission since he had pleaded guilty in 1988 and his appeal in 1992 was not a direct appeal, but a PCR motion. See Miss. Code Ann. § 99-35-101 (Rev. 2015) (direct appeal not permitted after guilty plea).

         ¶5. Lott then filed his PCR motion in the Pearl River County Circuit Court. In response to Lott's motion, the State requested an evidentiary hearing. A hearing never occurred. Rather, the trial court dismissed Lott's motion, finding no error in the revocation of Lott's parole. Lott appeals, asserting several issues relating to whether his parole was unlawfully revoked.

         STANDARD OF REVIEW

         ¶6. "When reviewing a circuit court's dismissal of a PCR motion, this Court will only reverse a circuit court's factual findings if the findings are determined to be clearly erroneous." Pickle v. State, 115 So.3d 896, 898 (ΒΆ10) (Miss. Ct. ...


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