Lenzy Louis Hodgin v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2006-CP-01955-COA
LENZY LOUIS HODGIN
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
10/13/2006
HON. RICHARD A. SMITH
SUNFLOWER COUNTY CIRCUIT COURT
LENZY LOUIS HODGIN (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: BILLY L. GORE
CIVIL - OTHER
PETITION FOR PRODUCTION OF DISCOVERY
EVIDENCE, RECORDS AND TRIAL
TRANSCRIPTS IS DENIED
AFFIRMED - 07/17/2007
BEFORE LEE, P.J., IRVING AND CHANDLER, JJ.
LEE, P.J., FOR THE COURT:
FACTS AND PROCEDURAL HISTORY
¶1.
On June 29, 2004, Lenzy Hodgin was convicted by a jury in Sunflower County Circuit Court
of sexual battery. Hodgin appealed but failed to file a brief and his appeal was dismissed by the
Supreme Court Clerk’s office on June 14, 2005. Hodgin subsequently filed two motions seeking
reinstatement of the appeal but both were denied. Hodgin then filed a motion with the supreme court
for leave to seek post-conviction relief in the trial court. The supreme court dismissed Hodgin’s
motion without prejudice on July 20, 2006, finding that he failed to comply with the requirements
of Mississippi Code Annotated Section 99-39-9 (Supp. 2006).
¶2.
Rather than cure any deficiency in his motion for leave to proceed in the trial court, Hodgin
instead filed a petition for production of discovery evidence, records and trial transcripts in the trial
court. On October 13, 2006, the trial court denied Hodgin’s petition finding that the trial court did
not have jurisdiction since Hodgin had not received an order from the supreme court allowing him
to file for relief in the lower court. Hodgin now appeals to this Court asserting that the trial court
erred in denying his motion for production of discovery evidence, records and trial transcripts.
DISCUSSION
¶3.
In his only issue on appeal, Hodgin argues that the trial court erred in denying his motion for
production of discovery evidence, records and trial transcripts. Hodgin relies upon Fleming v. State,
553 So. 2d 505 (Miss. 1989) (superseded by statute as stated in Beckwith v. State, 615 So. 2d 1134,
(Miss. 1992)), for the proposition that on direct appeal an indigent defendant is entitled to a free
transcript. However, in Fleming, the supreme court stated the following:
[N]othing in the Uniform Post-Conviction Collateral Relief Act or elsewhere gives
a prisoner the right to institute an independent, original action for a free transcript or
other documents, and then if dissatisfied with the trial court’s ruling, to directly
appeal that ruling to this court as a separate and independent action. Fleming did not
file his request for free transcript and other documents as part of a motion under the
Act for post-conviction collateral relief, nor is this claim raised as part of a direct
appeal from conviction.
Id. at 506. Furthermore, Hodgin’s appeal was dismissed and he failed to present a viable motion
seeking leave to file a motion for post-conviction relief. See Miss. Code Ann. § 99-39-7 (Supp.
2006) (procedure for filing motion to proceed in trial court with supreme court); Miss. Code Ann.
§ 99-39-27 (Supp. 2006) (requirements for a viable application for leave to proceed in the trial
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court). We find that the trial court was correct in denying Hodgin’s motion for want of jurisdiction.
We find no merit to this appeal.
¶4.
THE JUDGMENT OF THE SUNFLOWER COUNTY CIRCUIT COURT DENYING
THE MOTION FOR LACK OF JURISDICTION IS AFFIRMED. ALL COSTS OF THIS
APPEAL ARE ASSESSED TO SUNFLOWER COUNTY.
KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE,
ROBERTS AND CARLTON, JJ., CONCUR.
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