Lattimore v. Sparkman
| Docket Number: | 2002-CA-01544-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Parole eligibility - Jurisdiction - Section 47-7-3(1) Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 08-12-2002 Appealed from: Sunflower County Circuit Court Judge: W. Ashley Hines Disposition: DENIED AND DISMISSED Case Number: 2002-0077-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Timothy Lattimore |
GEORGE T. KELLY |
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| Appellee: | Emmitt Sparkman | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP |
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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: | Parole eligibility - Jurisdiction - Section 47-7-3(1) |
| Summary of the Facts: | Timothy Lattimore was convicted of armed robbery. He was given a fifteen year sentence, which was suspended conditioned upon his successful completion of the Regimented Inmate Discipline program. While on supervised probation, Lattimore was charged and convicted of the sale of cocaine. His probation was revoked and his fifteen year sentence for armed robbery was imposed. The sentences he received on the new charges were consecutive to the earlier fifteen year sentence. While in prison, Lattimore received sentence computation sheets that indicated a parole eligibility date of April 15, 2002, but was later notified that this date had been changed to October 2004. Lattimore filed a "Petition for Writ of Habeas Corpus and/or Other Relief" which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction The State argues that this case should have been dismissed, because the circuit court lacked jurisdiction. More than thirty days passed after the resolution of his administrative grievance before Lattimore filed his petition in circuit court. Because there are precedents allowing inmates to have judicial review of whether their sentences contained proper credits for earned time that would cause reductions in their sentences, an inmate may contest matters such as involved in this case as an original action in circuit court. Issue 2: Date of parole eligibility Lattimore argues that the statute concerning parole eligibility has been incorrectly interpreted. Section 47-7-3(1) provides that an inmate serve one fourth of the sentence before parole eligibility. Then the statute provides two caveats: "or, if sentenced" to thirty years or more, "or, if sentenced" to a life term, and "has served not less than ten years of such life term," the inmate may be considered for parole. Although the statute is ambiguous because it gives a minimum length sentence prior to parole eligibility for only one of the two categories, the statute requires Lattimore to serve at least ten years of his thirty year sentence prior to being eligible for parole. |
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