Lenoir v. State
| Docket Number: | 2006-CP-00171-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-21-2006 Opinion Author: Lee, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Post-conviction relief - Status of sentence - Evidentiary hearing Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-22-2005 Appealed from: Monroe County Circuit Court Judge: Sharion R. Aycock Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CV-04-452-AM |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ray Charles Lenoir |
RAY CHARLES LENOIR (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Status of sentence - Evidentiary hearing |
| Summary of the Facts: | Ray Lenoir pled guilty to uttering a forgery and possession of cocaine. While on federal post-release supervision, Lenoir violated the terms of his suspended state sentences. The trial court revoked Lenoir’s suspended sentences and postrelease supervision on both charges. On November 4, 2004, Lenoir filed a motion to vacate and set aside his sentence. Shortly thereafter Lenoir filed motions for an evidentiary hearing and for records and transcripts. On December 10, 2004, Lenoir filed a motion for summary judgment. On December 17, 2004, the trial court denied all of Lenoir’s previous motions. Lenoir then filed a motion requesting the trial court to amend its order and make additional findings. The trial court dismissed this motion, treating Lenoir’s motion to amend as a successive post-conviction petition. Lenoir appeals. |
| Summary of Opinion Analysis: | Lenoir argues that his suspended sentences, including the terms and conditions, could not begin until after he had completed his federal sentence, including post-release supervision. The State concedes that remanding Lenoir’s cause for an evidentiary hearing to determine the status of his federal sentences would be beneficial. The State further concedes that transcripts of the revocation hearing would also be beneficial. Therefore, an evidentiary hearing should be granted in order to determine the status of Lenoir’s federal sentences and a ruling made on his post-conviction relief motion. |
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