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Wooten v. State

Court of Appeals of Mississippi

May 28, 2019

LARRY WOOTEN A/K/A LARRY C. WOOTEN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/08/2018

          RANKIN 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: SCOTT STUART

          BEFORE CARLTON, P.J., LAWRENCE AND C. WILSON, JJ.

          LAWRENCE, J.

         ¶1. 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.

         ¶2. 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.

         FACTS

         ¶3. 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 post-release supervision.

         ¶4. 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 revocation.

         ¶5. 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 appeal.[1]

         STANDARD OF REVIEW

         ¶6. 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 (ΒΆ3) (Miss. Ct. App. 2002). We review questions ...


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