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IN THE SUPREME COURT OF MISSISSIPPI NO. 96-CA-00090-SCT DONNIE SINGLETON v. STEVE PUCKETT, COMMISSIONER OF MISSISSIPPI DEPARTMENT OF CORRECTIONS; RAYMOND ROBERTS, SUPERINTENDENT OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; BARBARA BAILEY, RECORDS DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: 12/20/95 HON. GRAY EVANS SUNFLOWER COUNTY CIRCUIT COURT PRO SE OFFICE OF THE ATTORNEY GENERAL BY: JAMES M. NORRIS G. GILMORE MARTIN CIVIL - POST CONVICTION RELIEF AFFIRMED - 12/8/97 12/31/97

DISTRICT ATTORNEY: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE DAN LEE, C.J., PITTMAN AND MILLS, JJ. MILLS, JUSTICE, FOR THE COURT:

STATEMENT OF THE CASE On July 27, 1995, officials representing the Administrative Remedy Program denied Donnie Singleton relief for a grievance he had filed alleging that his sentence had been miscalculated.

Singleton then filed a writ of habeas corpus with the Circuit Court of Sunflower County. On December 20, 1995, the Circuit Court of Sunflower County dismissed Singleton's petition for writ of habeas corpus. Aggrieved, Singleton appeals to this Court, assigning as error the following issue: WHETHER THE DEFENDANT HAS VIOLATED SINGLETON'S EIGHTH, THIRTEENTH, AND FOURTEENTH AMENDMENT RIGHTS BY MISCALCULATING HIS SENTENCE. FACTS On July 2, 1982, Donnie Singleton was sentenced to five years in the Mississippi Department of Corrections for burglary of a business. This five year sentence was initially suspended. Singleton's suspended sentence was revoked on March 1, 1983 when he was convicted of Grand Larceny. In addition to revoking his suspended sentence, the court imposed a sentence of five years with four years being suspended. Singleton served eighteen months and was released on parole. Singleton was out of prison for 157 days before he was arrested for rape. His parole having been revoked, he began serving the remainder of his original six year sentence on March 1, 1985. On February 13, 1986, Singleton was sentenced to 35 consecutive years for rape. Finally, on June 28, 1995, Singleton was convicted on three counts of possessing altered money orders for which he received three sentences of eight years to run concurrent with each other, but consecutive to the forty-one years he was already serving. In addition, Singleton received numerous prison rules violations which resulted in a loss of 5

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Mississippi Law