Lott v. State
115 So. 3d 903
| Miss. Ct. App. | 2013Background
- In January 2001, Lott was convicted by a Jones County jury of two counts of aggravated assault and sentenced to 20 years with 5 years to serve and 15 years suspended, five of which were on post-release supervision.
- In October 2008, a petition to revoke Lott’s post-release supervision was filed for leaving Mississippi and unpaid court-ordered fees.
- A March 2009 revocation hearing found Lott had not reported to his field officer since June 2008 and had not paid a $1,500 community-service fee or participated in the circuit court’s community-service program.
- Lott claimed he sought a Minnesota transfer, waited six months, and that community-service participation was not in his sentencing order and fees were waived.
- The trial court revoked post-release supervision and ordered Lott to serve the remainder of his 20-year sentence in MDOC custody.
- Lott later filed, unsuccessfully, motions to show cause and to clarify his sentence; the January 2012 order clarified service of the remaining time in custody, and the appeal proceeded under post-conviction relief procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was timely or properly before the court | Lott claims untimely notice, but | State argues delay; Rule 2(c) may suspend. | Jurisdiction properly exercised; timely filing presumed under suspension. |
| Whether the revocation of post-release supervision was proper and the sentence clarified | Lott argues improper revocation and ambiguity in sentence. | Lott violated post-release conditions; sentence remains to be served. | Revocation proper; sentence not ambiguous; order to serve remainder upheld. |
Key Cases Cited
- Presley v. State, 48 So.3d 526 (Miss. 2010) (standard for factual findings; de novo review of law)
- Brown v. State, 731 So.2d 595 (Miss. 1999) (accuracy of factual findings standard)
- Sykes v. State, 757 So.2d 997 (Miss. 2000) (prison-mailbox rule applicability)
- Melton v. State, 930 So.2d 452 (Miss.Ct.App. 2006) (timeliness of notices in post-conviction relief)
- Jackson v. State, 965 So.2d 686 (Miss. 2007) (illegal sentence and non-application of deadlines)
- Burns v. State, 933 So.2d 329 (Miss.Ct.App. 2006) (administrative review procedures; caution against court action)
- Ivory v. State, 999 So.2d 420 (Miss.Ct.App. 2008) (post-release supervision vs. probation)
- Carter v. State, 754 So.2d 1207 (Miss. 2000) (lawful confinement following revocation)