DWIGHT LOTT A/K/A DWIGHT L. LOTT APPELLANT
STATE OF MISSISSIPPI APPELLEE
of Judgment: 08/27/2015
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.
LEE, C.J., BARNES AND FAIR, JJ.
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.
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 Lott's parole was revoked on October 12,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
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).
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).
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.
"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
(¶10) (Miss. Ct. ...