LARRY WOOTEN A/K/A LARRY C. WOOTEN APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 02/08/2018
COUNTY CIRCUIT COURT, HON. WILLIAM E. CHAPMAN III TRIAL JUDGE
ATTORNEY FOR APPELLANT: LARRY WOOTEN (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
CARLTON, P.J., LAWRENCE AND C. WILSON, JJ.
On January 3, 2006, Larry Wooten pleaded guilty to possession
of cocaine. The Rankin County Circuit Court sentenced Wooten
to serve eight years in the custody of the Mississippi
Department of Corrections (MDOC). The court ordered that
after Wooten served three years with MDOC he would be placed
on post-release supervision for three years. The circuit
court revoked Wooten's post-release supervision after
several separate violations and ordered him to serve the
remainder of his sentence.
Twelve years later on January 30, 2018, Wooten filed a motion
for post-conviction relief (PCR) and alleged that he was
inappropriately sentenced as a result of his post-release
supervision being revoked. The circuit court denied
Wooten's motion. For the reasons outlined below, we
affirm the circuit court's judgment.
On February 10, 2005, Larry Wooten was charged by indictment
with possession of cocaine - a Schedule II controlled
substance - in violation of Mississippi Code Annotated
section 41-29-139 (Supp. 2000). Almost a year later in
January 2006, Wooten entered a plea of guilty. The circuit
court sentenced Wooten to serve an eight-year term.
Specifically, Wooten was to serve the first three years in
the custody of MDOC, followed by a three-year period on
Wooten first violated his post-release supervision on
December 11, 2007, when he tested positive for marijuana.
Again, on April 2, 2008, Wooten violated the terms and
conditions of his post-release supervision by pleading guilty
to driving under the influence (DUI), driving without a
driver's license, and a seatbelt violation. As a result,
on August 6, 2008, MDOC filed a petition for revocation, and
on July 30, 2009, the circuit court revoked Wooten's
suspended sentence. Wooten was ordered to serve the remainder
of his sentence in the custody of MDOC. From September 2009
until July 2013, Wooten requested his sentencing order a
total of six times. Each time, Wooten was provided with a
copy of his sentencing order and a copy of the order of
Despite having his sentencing order, it was not until January
30, 2018, that Wooten, pro se, moved for PCR, alleging that
he was "re-sentenced" by the trial court at his
revocation hearing and that his original sentence was
unsupported by statutory law. The circuit court dismissed his
motion and held that Wooten had failed to file his motion
within the time prescribed by law and was not entitled to
relief. As a result, Wooten filed his notice of
In matters of post-conviction relief this Court's
standard of review is clear. The denial of a PCR motion will
not be reversed unless this Court finds that the trial
court's decision was clearly erroneous. Smith v.
State, 806 So.2d 1148, 1150 (¶3) (Miss. Ct. App.
2002). We review questions ...