Narrative Opinion Summary
This case involves the appellant, who pled guilty to a cocaine sale while on parole for prior drug convictions. The trial court sentenced the appellant to twenty years, to be served consecutively with the remainder of his previous sentences, and revoked his parole. The appellant challenged several issues, including the denial of credit for time served on parole, the trial court's consecutive sentence order, and claims of ineffective assistance of counsel. However, the appellate court found that only the issue concerning parole credit was preserved for review; other issues were procedurally barred. The court upheld the trial court's decision, referencing Mississippi law that prohibits credit for time on parole if parole is revoked. The court affirmed the dismissal of the appellant's post-conviction relief petition and re-characterized his habeas corpus petition under the Post Conviction Collateral Relief Act, ultimately assessing costs against Lauderdale County. The appellate court's decision reflects a strict adherence to procedural rules and the statutory framework governing parole and post-conviction relief in Mississippi.
Legal Issues Addressed
Consecutive Sentencingsubscribe to see similar legal issues
Application: The trial court's decision to impose a consecutive sentence was upheld, as the appellant's challenges to this decision were procedurally barred.
Reasoning: Whether the trial court erred in ordering his sentence to run consecutively.
Credit for Time Served on Parolesubscribe to see similar legal issues
Application: The court determined that an offender whose parole is revoked is not entitled to credit for time served on parole according to Mississippi law.
Reasoning: The court found Rue's claim about credit for time served on parole to be without merit, citing Mississippi law which states that if parole is revoked, the offender must serve the remainder of the original sentence without credit for time spent on parole.
Procedural Bar to Claimssubscribe to see similar legal issues
Application: Issues that were not preserved in post-conviction relief proceedings are procedurally barred from being raised on appeal.
Reasoning: Only the issue regarding credit for time served on parole was preserved from his post-conviction relief petition; the other issues were deemed procedurally barred.
Treatment of Habeas Corpus Petitionsubscribe to see similar legal issues
Application: The petition for habeas corpus was appropriately treated as a petition for post-conviction relief under the Post Conviction Collateral Relief Act.
Reasoning: The court treated Rue's habeas corpus petition as one for post-conviction relief under the Post Conviction Collateral Relief Act.