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Alexander v. State

Court of Appeals of Mississippi

September 26, 2017

RAYMOND SCOTT ALEXANDER A/K/A RAYMOND S. ALEXANDER A/K/A RAYMOND ALEXANDER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/12/2016

         RANKIN COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: RAYMOND SCOTT ALEXANDER (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON

          BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         ¶1. Raymond Scott Alexander, appearing pro se, appeals the Rankin County Circuit Court's dismissal of his motion for postconviction relief (PCR). Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In July 2003, Alexander was indicted on one count of possession of a controlled substance (methamphetamine) by a Rankin County grand jury. Alexander pleaded guilty to the charge in 2004, and was placed in the nonadjudication program to serve a term of five years of supervised probation under the supervision of the Mississippi Department of Corrections (MDOC). Alexander was informed that if he did not comply with the any of the conditions of the nonadjudication program, he would be sentenced to eight years in the custody of MDOC, with one year suspended and five years of supervised probation.

         ¶3. Later in 2004, the State moved to impose Alexander's sentence for violating the terms of the nonadjudication program. Alexander had failed to pay court costs and admitted to molesting a nine-year-old girl. As a result, Alexander was sentenced to eight years in the custody of the MDOC, with one year suspended and five years of supervised probation.

         ¶4. In 2005, Alexander was indicted in the Circuit Court of Rankin County on one count of gratification of lust and two counts of sexual battery. Alexander entered a guilty plea to one count of sexual gratification and one count of sexual battery. Alexander was sentenced to twelve years in the custody of the MDOC for gratification of lust and thirty years in the custody of the MDOC for sexual battery, with twelve years to serve, eighteen years suspended, and five years of postrelease supervision. The gratification-of-lust and sexual-battery sentences were ordered to run concurrently; however, they were ordered to run consecutively to Alexander's eight-year sentence for possession of a controlled substance.

         ¶5. In June 2016, Alexander filed a "petition for immediate release on probation and in the alternative immediate release on parole." The circuit court treated the filing as a PCR motion and denied it. The circuit court found that the motion was time-barred and without merit. In July 2016, Alexander filed a similarly titled petition in the Mississippi Supreme Court. Because there had been no direct appeal of Alexander's convictions and sentences, the supreme court dismissed Alexander's petition without prejudice, and found that it could be brought in the circuit court as a PCR motion.

         ¶6. In September 2016, Alexander filed his second PCR motion. The circuit court dismissed his motion, stating it was time-barred, successive, and without merit. Alexander appeals.

         STANDARD ...


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