Mayo v. State
| Docket Number: | 2010-CP-00691-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-29-2011 Opinion Author: Roberts, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Section 47-7-33 - Section 47-7-34 - Section 47-7-37 - Section 97-5-23(1) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ. Procedural History: PCR; Dismissal Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-29-2010 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: Motion for Post-Conviction Relief Dismissed Case Number: 2010-78-C |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | William Ray Mayo |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD | ||
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 - Illegal sentence - Section 47-7-33 - Section 47-7-34 - Section 47-7-37 - Section 97-5-23(1) |
| Summary of the Facts: | William Mayo pled guilty to one count of gratification of lust. Mayo was sentenced to serve the maximum fifteen years. Four years of his sentence were suspended, and upon his release from custody, he was ordered to serve five years of supervised probation. Mayo filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Mayo argues that his sentence is illegal because he was sentenced to serve fifteen years in the custody of the MDOC and five years of supervised probation after his release, making his total sentence twenty years. Probation under section 47-7-33 is a conditional term that is not a part of the prison sentence and is therefore not subject to the totality of sentence concept found in section 47-7-34. Further, section 47-7-37 states that no part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve. Thus, the five-year period of supervised probation imposed on Mayo is not to be taken into consideration when determining if his sentence exceeds the maximum sentence allowed by statute. Mayo’s sentence is legal and does not exceed the maximum sentence authorized under section 97-5-23(1). |
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