Heafner v. State
| Docket Number: | 2005-CA-01792-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-23-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(c) - M.R.A.P. (4)(g) - Section 99-39-25(1) - Ambiguous sentences - Section 99-19-21(1) - Parole eligibility - Section 47-7-3 (g) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-19-2005 Appealed from: TALLAHATCHIE COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: PAROLE ELIGIBILITY DENIED Case Number: CV2004-75BT1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | BRIAN HEAFNER |
TOMMY WAYNE DEFER
BOBBY T. VANCE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Jurisdiction - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(c) - M.R.A.P. (4)(g) - Section 99-39-25(1) - Ambiguous sentences - Section 99-19-21(1) - Parole eligibility - Section 47-7-3 (g) |
| Summary of the Facts: | Brian Heafner pled guilty to the crimes of conspiracy to sell a controlled substance and sale of a controlled substance. Heafner filed a motion to determine parole eligibility. The trial court acknowledged procedural errors in the petition and treated it as a motion for post-conviction relief. The trial court then addressed the merits and denied the motion. Heafner appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction This appeal was filed forty-four days after the entry of the order. The notice of appeal was filed three days after Hurricane Katrina. As a result of the hurricane, the supreme court issued an order extending the deadlines for some filings. However, the order extending deadlines does not affect the untimely filing of this appeal, since the deadline for filing this notice of appeal was August 22, 2005, seven days prior to the hurricane making landfall. M.R.A.P. 4(a) requires that the notice of appeal be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from. However, the supreme court reads M.R.A.P. 2(c) and (4)(g) along with section 99-39-25(1) to provide that the Court has authority to suspend the rule in post-conviction relief appeals, as in any other criminal appeal, and to allow an appeal to proceed despite apparently untimely notice. Issue 2: Ambiguous sentences Heafner argues that the court was in error when it determined that his sentence was not ambiguous. Heafner was convicted of four different crimes contained in two separate indictments. The sentences from the two indictments mirror each other. The trial court ordered all of the sentences to run concurrently. This is permitted under section 99-19-21(1). With concurrent sentences, each prison term runs simultaneously and the prisoner is entitled to discharge at the expiration of the longest term. It is clear that Heafner will be discharged only upon the expiration of the longest term. Therefore, this issue is without merit. Issue 3: Parole eligibility Heafner argues that the court erred in failing to determine his parole eligibility. Generally, a circuit court does not have the authority to determine parole eligibility. Administrative remedies are available to Heafner, by way of the Mississippi Department of Corrections Administrative Remedies Program. Nevertheless, an inmate may contest matters such as parole eligibility as an original action in circuit court. Pursuant to section 47-7-3 (g), Heafner would not be eligible for parole on either of his eight year sentences, since each was for the sale of methamphetamine. |
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