LEONARD MAYHALL A/K/A LEONARD L. MAYHALL APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 03/07/2018
ITAWAMBA COUNTY CIRCUIT COURT, HON. JAMES LAMAR ROBERTS JR.
ATTORNEY FOR APPELLANT: LEONARD MAYHALL (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KATY T. GERBER.
GRIFFIS, C.J., WILSON AND WESTBROOKS, JJ.
Leonard Mayhall appeals the circuit court's denial of his
petition for post-conviction collateral relief (PCCR). We
find no error and affirm.
AND PROCEDURAL HISTORY
In June 2007, Mayhall pleaded guilty to the charge of sexual
battery and was sentenced to serve twenty years in the
custody of the Mississippi Department of Corrections (MDOC),
with fifteen years suspended, followed by five years'
post-release supervision. After serving five years in MDOC
custody, Mayhall was released and placed on post-release
On September 21, 2013, Mayhall was arrested and charged with
indecent exposure. Thereafter, the State filed a petition to
revoke his post-release supervision. Following a revocation
hearing on October 8, 2013, Mayhall was found to be in
violation of the terms and conditions of his post-release
supervision, and his post-release supervision was revoked.
Mayhall was sentenced to serve fifteen years in the custody
of the MDOC. Mayhall was never indicted on or convicted of
Mayhall subsequently filed a pro se "petition seeking
writ of habeas corpus" and contested his revocation.
Mayhall argued that because he was never indicted on or
convicted of indecent exposure, his post-release supervision
was unlawfully revoked. The circuit court treated the
petition as a petition for PCCR and denied the petition on
March 7, 2018. Thereafter, on April 23, 2018, Mayhall filed
his notice of appeal.
Timeliness of the Appeal
Before we address the denial of Mayhall's petition for
PCCR, we must first determine whether his appeal was timely
filed. We conduct a de novo review of issues of law.
Lyons v. Epps, 8 So.3d 916, 917 (¶3)
(Miss. Ct. App. 2009).
Mississippi Rule of Appellate Procedure 2(a)(1) provides for
a mandatory dismissal of an appeal if the notice of appeal
was not timely filed pursuant to Mississippi Rules of
Appellate Procedure 4 or 5. Under Rule 4(a), the notice of
shall be filed with the clerk of the trial court within 30
days after the date of entry of the judgment or order
appealed from. If a notice of appeal is mistakenly filed in
the Supreme Court, the clerk of the Supreme Court shall note
on it the date on which it was received and transmit it to
the clerk of the ...