Sykes v. Epps
| Docket Number: | 2006-CP-01149-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-14-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Parole eligibility - Section 47-7-3(1)(d)(ii) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-09-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Betty W. Sanders Disposition: ORDER DISMISSING PETITION ENTERED. Case Number: 2006-0058-M2006-0058-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | MARK SYKES |
MARK SYKES (PRO SE) |
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| Appellee: | CHRISTOPHER EPPS, COMMISSIONER AND MISSISSIPPI DEPARTMENT OF CORRECTIONS | 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 - Section 47-7-3(1)(d)(ii) |
| Summary of the Facts: | Mark Sykes was convicted of armed robbery and was sentenced to thirty years. During his imprisonment, Sykes requested administrative relief from the MDOC concerning his parole eligibility and earned time allowance. The MDOC informed Sykes that he was not eligible for parole, and would not be eligible for meritorious earned time and trusty time until after he had served ten years of his thirty-year sentence. Sykes filed a civil complaint against the MDOC and its Commissioner, Christopher Epps. The MDOC filed a motion to dismiss which the court granted. Sykes appeals. |
| Summary of Opinion Analysis: | The response that Sykes received from the MDOC officials informing him that he would be eligible for meritorious earned time and trusty time after serving ten years of his sentence was incorrect. This information would have been correct had Sykes been convicted under section 47-7-3(1)(d)(i); however this section is clearly inapplicable because Sykes was convicted of armed robbery after September 30, 1994. The circuit court properly found Sykes ineligible for parole as section 47-7-3(1)(d)(ii) applies to Sykes’s case. Because Sykes must serve his entire sentence, his argument that he is entitled to earned time lacks merit. |
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