Dotson v. State

CourtCourt of Appeals of Mississippi
Citation317 So.3d 976
Decision Date27 April 2021
Docket NumberNO. 2020-CP-00495-COA,2020-CP-00495-COA
Parties George S. DOTSON, Jr. a/k/a George S. Dotson, Appellant v. STATE of Mississippi, Appellee

317 So.3d 976

George S. DOTSON, Jr. a/k/a George S. Dotson, Appellant
v.
STATE of Mississippi, Appellee

NO. 2020-CP-00495-COA

Court of Appeals of Mississippi.

April 27, 2021


ATTORNEY FOR APPELLANT: GEORGE S. DOTSON JR., (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: MICHAEL DEWAYNE WILSON SR.

BEFORE WILSON, P.J., GREENLEE AND WESTBROOKS, JJ.

WESTBROOKS, J., FOR THE COURT:

¶1. After being convicted of armed robbery and sentenced to serve eighteen

317 So.3d 977

years in the custody of the Mississippi Department of Corrections, George Dotson now appeals arguing that he is entitled to earned time credit pursuant to Mississippi Code Annotated section 47-5-138(5) (Rev. 2015). Dotson asserts that the application of the earned credit should cause his sentence to be expired; thus, he argues he is being illegally detained. We disagree and affirm.

FACTUAL AND PROCEDURAL HISTORY

¶2. On February 8, 2008, Dotson was indicted by an Attala County grand jury for armed robbery. The indictment alleged that Dotson robbed Ella's Country Store at gunpoint, taking approximately $358. On February 28, 2008, Dotson entered a plea of guilty, which the court accepted. Dotson was then sentenced to serve eighteen years and to pay all court costs and assessments at a rate of $50 per month until paid in full, beginning within thirty days of his release from incarceration.

¶3. On April 2, 2020, Dotson filed a motion for post-conviction collateral relief in the Attala County Circuit Court. Dotson contends that he is entitled to earned time credit pursuant to section 47-5-138(5). Furthermore, Dotson asserts that the application of the earned credit should cause his sentence to be expired; thus, he argues he is being illegally detained and requests immediate release.

DISCUSSION

¶4. Dotson argues that the circuit court erred in denying his motion for post-conviction collateral relief. We disagree. "This Court will reverse a trial court's denial of...

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