Dale Dewayne Jones v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2007-CP-00367-COA
DALE DEWAYNE JONES
APPELLANT
v.
STATE OF MISSISSIPPI
APPELLEE
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:
2/2/2007
HON. ANDREW K. HOWORTH
MARSHALL COUNTY CIRCUIT COURT
DALE DEWAYNE JONES (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: DEIRDRE MCCRORY
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DENIED
DISMISSED - 02/05/2008
EN BANC
CARLTON, J., FOR THE COURT:
¶1.
Dale Dewayne Jones appeals the Marshall County Circuit Court’s denial of his motion for
post-conviction relief. Since perfecting his appeal, Jones has been released from the custody of the
Mississippi Department of Corrections. Therefore, we dismiss his appeal as moot.
FACTS AND ANALYSIS
¶2.
Dale Dewayne Jones pleaded guilty before the Marshall County Circuit Court on August 18,
2005, to a charge of possession of cocaine. He was sentenced to four years in the custody of the
Mississippi Department of Corrections. Three years of his sentence were suspended, and he was
ordered to serve the remaining one year in the Intensive Supervision/House Arrest Program.
¶3.
Jones was removed from the house arrest program in October 2005 and placed in the
Marshall County Correctional Facility in Holly Springs, Mississippi. He filed his motion for postconviction relief on January 23, 2007, claiming that his Fourteenth Amendment due process rights
had been violated because he had not received proper notice that he had been terminated from the
program. The circuit court denied his motion on February 12, 2007. Jones filed his appeal on
March 20, 2007, again claiming that his Fourteenth Amendment due process rights had been
violated.
¶4.
On August 8, 2007, Jones was released from the custody of the Mississippi Department of
Corrections on a Certificate of Earned Release Supervision. “Post conviction relief may be
considered only for individuals convicted under our laws and who are presently in custody.”
Rankins v. State, 937 So. 2d 45, 45 (¶2) (Miss. Ct. App. 2006) (citing Miss. Code Ann. § 99-39-5
(Supp. 2005)). Because Jones is no longer incarcerated, he is not entitled to post-conviction relief.
¶5.
THE APPEAL FROM THE JUDGMENT OF THE CIRCUIT COURT OF
MARSHALL COUNTY IS DISMISSED. ALL COSTS OF THIS APPEAL ARE ASSESSED
TO MARSHALL COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES
AND ISHEE, JJ., CONCUR. ROBERTS, J., NOT PARTICIPATING.
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