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Mayhall v. State

Court of Appeals of Mississippi

January 29, 2019

LEONARD MAYHALL A/K/A LEONARD L. MAYHALL APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 03/07/2018

          ITAWAMBA COUNTY CIRCUIT COURT, HON. JAMES LAMAR ROBERTS JR. JUDGE.

          ATTORNEY FOR APPELLANT: LEONARD MAYHALL (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KATY T. GERBER.

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

          GRIFFIS, C.J.

         ¶1. Leonard Mayhall appeals the circuit court's denial of his petition for post-conviction collateral relief (PCCR). We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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 supervision.

         ¶3. 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found to be in violation of the terms and conditions of his post-release supervision, and his post-release supervision was revoked.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 indecent exposure.

         ¶4. 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.

         ANALYSIS

         I. Timeliness of the Appeal

         ¶5. 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).

         ¶6. 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 appeal:

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 ...

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