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IN THE COURT OF APPEALS 8/12/97 OF THE STATE OF MISSISSIPPI

NO. 94-KA-00994 COA

EDWARD EUGENE PENTON, JR. APPELLANT v. STATE OF MISSISSIPPI APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. JAMES E. THOMAS COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: THOMAS A. PRICHARD ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: W. GLEN WATTS DISTRICT ATTORNEY: CONO CARANNA

WILLIAM MARTIN NATURE OF THE CASE: CRIMINAL-SEXUAL BATTERY TRIAL COURT DISPOSITION: GUILTY AND SENTENCED TO SERVE TWENTY YEARS IN THE MDOC MANDATE ISSUED: 9/2/97 BEFORE MCMILLIN, P.J., DIAZ, AND SOUTHWICK, JJ. DIAZ, J., FOR THE COURT: Edward Penton was convicted of the crime of sexual battery upon a child under the age of fourteen on June 20, 1991, in the Circuit Court of the Second Judicial District of Harrison County. The trial judge sentenced Penton to twenty years' imprisonment in the Mississippi Department of Corrections. Penton was convicted on June 20, 1991, and did not file a notice of appeal until May 1994, almost three years after his conviction. The Mississippi Rules of Appellate Procedure require that a notice of appeal be filed within thirty days from the entry of judgment. M.R.A.P. 4(a). Yet, there is a second avenue available to a prisoner, in a criminal case-The Mississippi Uniform Post- Conviction Collateral Relief Act. Miss. Code Ann.

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